If you're considering filing for bankruptcy in Maine, the Maine homestead exemption will help you protect the equity in your home. This article explains how much Maine's homestead exemption is and how to apply it in your bankruptcy case when you want to keep your house.
In Maine, you'll use Maine's state exemptions because the federal bankruptcy exemptions aren't available (some states allow residents to choose between the two sets). You'll find Maine's homestead exemption amount listed below.
Maine Homestead Exemption |
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Homestead exemption amount |
$80,000; $160,000 for a debtor with minor dependents, people 60 and older, or those with a disability. |
Can spouses who file a joint bankruptcy double the exemption? |
Check with a local attorney. |
Homestead exemption law |
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Other information |
The amount changes every three years beginning April 1, 2024 (the amount should be adjusted on April 1, 2027). |
Where to find other exemptions. |
The homestead exemption applies to real and personal property used as your residence in Maine, including a house, mobile home, co-op, or condominium. The exemption also includes burial plots and applies to property sales proceeds for up to six months.
If you can't protect all of your home equity, you might not be able to keep your home. Typically, the Chapter 7 trustee appointed to your case would sell the house, return the exemption amount to you, pay off the mortgage, and pay creditors with the amount remaining after deducting the trustee's fee.
In Chapter 13, the trustee doesn't sell property, so you could keep it. However, that doesn't mean Chapter 13 filers get a break regarding how much equity they can retain. Instead, you'd need to pay creditors the value of the nonexempt equity through the Chapter 13 plan.
But that isn't all. Keeping your home requires being current on the mortgage when filing for Chapter 7. Otherwise, you could lose it to the lender through foreclosure, possibly even during the Chapter 7 case. If you're behind on payments when filing for Chapter 13, you have an option not available in Chapter 7. You can catch up on the payments over time through the plan.
Learn about other requirements you must meet in Your Home in Chapter 7 and Your Home in Chapter 13. Also, find out why filing for Chapter 13 is better than Chapter 7 when you're behind on payments and don't want to lose your house.
When completing your bankruptcy forms, you'll do the following:
Because your home is likely your most valuable asset, consider consulting with a bankruptcy lawyer to ensure you can protect it in bankruptcy.
Maine's homestead exemption in the Maine Revised Statutes at Me. Rev. Stat. Ann. tit. 14, § 4422(1) on the Maine Legislature website, but the best way to protect your assets is by consulting a local bankruptcy lawyer.
You can file for bankruptcy in Maine after living there for over 180 days. However, you must live in Maine for at least 730 days before filing to use the current state's exemptions. Otherwise, you'd use the previous state's exemptions.
If you lived in multiple states during the two years before filing for bankruptcy, you'd use the exemptions of the state you lived in for the majority of the 180 days before the two years immediately preceding your filing. (11 U.S.C. § 522(b)(3)(A).)
Learn more about filing for bankruptcy after moving to a new state, the current amount of the federal cap, and other essential exceptions to homestead exemptions. Also, spouses can double some exemption amounts if both parties own the property, but not all of them. Learn about other filing considerations for spouses.
Did you know Nolo has made the law accessible for over fifty years? It's true, and we wholeheartedly encourage research and learning. You can find many more helpful bankruptcy articles on Nolo's bankruptcy homepage. Information needed to complete the official downloadable bankruptcy forms is on the Department of Justice U.S. Trustee Program website.
However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.