Like all states, North Carolina has a set of exemptions you can use to protect some property when filing for bankruptcy, such as a home, car, and retirement account. In this article, you'll learn:
If you have more questions, read Filing for Bankruptcy in North Carolina. Not only will you find answers, but it includes helpful checklists and a link to an interactive bankruptcy quiz. Or, try the start-to-finish "Filing for Bankruptcy" guide.
You can protect property covered by an exemption regardless of whether you file for Chapter 7 or 13. But each chapter treats nonexempt property—things not covered by an exemption—differently.
The different approaches ensure that creditors receive the same amount regardless of the chapter filed.
You can file for bankruptcy in North Carolina after living there for more than 180 days. However, you must live in North Carolina much longer before using North Carolina exemptions—at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.
But suppose you weren't living in any particular state during the two years before filing for bankruptcy. In that case, you'd use the exemptions of the state you lived in for most of the 180 days before the two-year period that immediately preceded your filing. (11 U.S.C. § 522(b)(3)(A).)
Learn more about filing for bankruptcy after moving to a new state and who can and can't file for bankruptcy.
Here are some of the North Carolina bankruptcy exemptions that bankruptcy filers often use. Spouses can double the exemption amount if they both own the property and file a joint bankruptcy case. Other exemptions you can use in addition to North Carolina's exemptions include:
Filers must use the North Carolina bankruptcy exemptions—the federal bankruptcy exemptions aren't available in this state. Unless otherwise noted, all references are to the North Carolina Revised Statutes (Mo. Rev. Stat.).
The homestead exemption protects equity in your home. In North Carolina, The homestead exemption protects up to $35,000 in equity of any real or personal property used as a residence. Both spouses must be on the title to double this exemption.
This exemption rises to $60,000 if the debtor is age 65 or older, the property is held as tenants by the entirety or joint tenants with right of survivorship, and the debtor's spouse has died. (N.C. Gen. Stat. § 1C-1601(a)(1)).
Property owned as tenants by the entirety is exempt without any equity limit concerning the debts of one spouse; however, applying this exemption can be tricky--consult with a bankruptcy lawyer. (In re Chandler, 148 B.R. 13 (E.D. N.C. 1992)).
You can exempt up to $35,000 in equity of burial plots if you haven't used the homestead exemption. (N.C. Gen. Stat. § 1C-1601(a)(1)). Learn more about the North Carolina homestead exemption and protecting your home in bankruptcy.
You can exempt up to $3,500 in one motor vehicle. (N.C. Gen. Stat. § 1C-1601(a)(3)). This exemption does not apply if you purchased the vehicle within 90 days of filing bankruptcy. (N.C. Gen. Stat. § 1C-1601(d)).
Find out about protecting cars in bankruptcy and how the motor vehicle exemption works in a Chapter 7 case.
You can exempt the following personal property in North Carolina:
North Carolina provides an exemption for wages earned but unpaid for work done 60 days before the filing date. (N.C. Gen. Stat. § 1-362)).
A portion of earned, but unpaid, wages is protected by federal law. (15 U.S.C. § 1673).
Most retirement plans and pensions are exempt in North Carolina, whether based on federal or state law. A list of the more common retirement arrangements follows.
The following public benefits are exempt under North Carolina law:
Life insurance for the benefit of the debtor's children or spouse is exempt. (N.C. Gen. Stat. § 1C-1601(a)(6)).
An employee group life insurance policy or proceeds have an unlimited exemption. (N.C. Gen. Stat. § 58-58-165).
Alimony, child support, and separate maintenance are exempt if the debtor shows that such payments are necessary for support. (N.C. Gen. Stat. § 1C-1601(a)(12)).
You can use any unused portion of the homestead or burial exemption, up to $5,000, to exempt any other property. This is generally referred to as a wildcard exemption. (N.C. Gen. Stat. § 1C-1601(a)(2)). This exemption does not apply if the debtor purchased the property within 90 days of filing bankruptcy. (N.C. Gen. Stat. § 1C-1601(d)).
North Carolina has an additional wildcard exemption of $500. (N.C. Const. Art. X, § 1).
North Carolina's exemption amounts are adjusted periodically. You can check bankruptcy exemption amounts on www.legalconsumer.com. Or do some research on your own. To learn how, see Nolo's Legal Research Center.
Did you know Nolo has been making the law easy for over fifty years? It's true—and we want to make sure you find what you need. Below you'll find more articles that explain what bankruptcy is and how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!
|
Our Editor's Picks for You |
|
|
More Like This |
Filing for Bankruptcy in North Carolina The North Carolina Homestead Exemption |
|
Articles You Might Like |
What Not to Do Before Bankruptcy Preparing for Bankruptcy: What to Do With Bank Accounts, Automatic Payments, and Utility Deposits |
|
Helpful Bankruptcy Sites |
We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.