North Dakota is an opt-out state, meaning most bankruptcy filers in ND use **North Dakota**-specific exemptions, although certain federal protections (e.g., Social Security, ERISA retirement) still apply. Below is a summary of common ND exemptions from your list. Always consult a licensed North Dakota bankruptcy attorneyor the **official ND Century Code** for the most up-to-date amounts and interpretations.
| Asset / Type of Property | Exemption Description | Amount / Limits | Law Section / Notes |
|---|---|---|---|
| Homestead | Real property, house trailer, or mobile home used as primary residence. | Up to \$80,000 in equity. | N.D.C.C. §§ 28-22-02(10), 47-18-01 |
| Fraternal Benefit Society Benefits | Fully exempt from creditors. | No limit stated | N.D.C.C. § 26.1-15.1-18 |
| Life Insurance Proceeds Payable to Estate (No Specific Beneficiary) | Proceeds are exempt from creditors if not payable to a named beneficiary. | Fully exempt | N.D.C.C. § 26.1-33-40 |
| Life Insurance Surrender Value | Up to \$100,000 per policy if beneficiary is insured’s relative & policy owned 1+ years before filing. No limit if more needed for support. Combined with certain ERISA/IRAs under 28-22-03.1, total can’t exceed \$200,000 unless more needed for support. | \$100,000 per policy (standard), total limit \$200,000 across multiple policies unless needed for support. | N.D.C.C. § 28-22-03.1(3) |
| Property of Business Partnership | Exempt from an individual partner’s creditors. | Fully exempt | N.D.C.C. § 45-08-02 |
| Disabled Veterans’ Benefits | Exempt, except for regular military retirement pay. | Fully exempt | N.D.C.C. § 28-22-03.1(4)(d) |
| ERISA-Qualified Benefits | Up to \$100,000 per plan, no limit if more needed for support. Combined with certain life insurance under 28-22-03.1, total can’t exceed \$200,000 unless necessary. | \$100,000 standard, total \$200,000 combined with certain insurances | N.D.C.C. § 28-22-03.1(3) |
| IRAs | Up to \$100,000 per plan, no limit if more needed for support. Combined total \$200,000 with certain other exempt benefits. | \$100,000 each (standard) | N.D.C.C. § 28-22-03.1(3) |
| Keogh Plans | Similarly up to \$100,000 per plan, no limit if more needed for support, subject to the \$200,000 combined limit. | \$100,000 each (standard) | N.D.C.C. § 28-22-03.1(3) |
| Public Employees | ND public employees’ pensions/retirements are exempt. | Fully exempt | N.D.C.C. § 28-22-19(1) |
| Bible, Books (Up to \$100), Pictures, Clothing | Basic personal possessions may be exempt. | Various sub-limits | N.D.C.C. §§ 28-22-02(1), (4), (5) |
| Burial Plots, Church Pew | Fully exempt from creditors. | No stated limit | N.D.C.C. §§ 28-22-02(2), (3) |
| Cash (In Lieu of Homestead) | You may exempt up to \$7,500 in cash if not claiming a homestead. | \$7,500 | N.D.C.C. § 28-22-03.1(1) |
| Crops or Grain on Debtor’s 160-acre Tract | Exempt if raised on up to 160 acres. | No set dollar limit | N.D.C.C. § 28-22-02(8) |
| Food & Fuel for 1 Year | Exempt supply for family. | No stated limit | N.D.C.C. § 28-22-02(6) |
| Motor Vehicle | Equity up to \$1,200 in one vehicle. | \$1,200 | N.D.C.C. § 28-22-03.1(2) |
| Personal Injury Recoveries | Up to \$7,500 for bodily injury (excl. pain & suffering). | \$7,500 | N.D.C.C. § 28-22-03.1(4)(b) |
| Wrongful Death Recoveries | Up to \$7,500 if you depended on the deceased. | \$7,500 | N.D.C.C. § 28-22-03.1(4)(a) |
| Head of Household (Not Claiming Crops) | May claim \$5,000 of any personal property, or certain itemized categories: Books & musical instruments (\$1,500), furniture/bedding (\$1,000), library/tools of professional (\$1,000), livestock/farm implements (\$4,500), mechanic’s tools/stock (\$1,000). | \$5,000 any property or itemized sub-limits | N.D.C.C. §§ 28-22-03, 28-22-04(1)-(4), 28-22-05 |
| Non-Head of Household (Not Claiming Crops) | May claim \$2,500 of any personal property. | \$2,500 total | N.D.C.C. § 28-22-05 |
| AFDC | Fully exempt from creditors. | No limit | N.D.C.C. § 28-22-19(3) |
| Crime Victims’ Compensation | Payments to victims are exempt. | No limit | N.D.C.C. § 28-22-19(2) |
| Social Security | Federal law plus ND exemption. | Fully exempt | N.D.C.C. § 28-22-03.1(4)(c) |
| Unemployment Compensation | Fully exempt from garnishment. | No limit | N.D.C.C. § 52-06-30 |
| Vietnam Veterans’ Adjustment Compensation | ND law references these benefits as exempt. | Fully exempt | N.D.C.C. § 37-25-07 |
| Workers’ Compensation | Benefits from ND workers’ comp are exempt. | Fully exempt | N.D.C.C. § 65-05-29 |
| Tools of Trade | See personal property categories | -- | N/A |
| Wages | Minimum 75% of earned but unpaid wages exempt; judge may allow more for low-income. | At least 75% | N.D.C.C. § 32-09.1-03 |
| Wild Card | According to the list, ND does not specify a separate wildcard beyond personal property sub-limits (e.g. \$2,500 for non-head, \$5,000 for head). | Refer to personal property sections | N/A |
This overview is for general informational purposes only and does not constitute legal advice. Exemptions can be updated by legislative action or court interpretation. Always consult a licensed North Dakota bankruptcy attorney or the official statutes for the most accurate, up-to-date amounts, especially regarding the combined \$200,000 life insurance/retirement limitations or sub-limits for head of household.