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Maine, ME Bankruptcy Exemptions

BANKRUPTCY EXEMPTIONS ARE NOTAVAILABLE.
All law references are to Maine Bankruptcy Code.

All property of the debtor at the time of the filing for bankruptcy (and certain other property to be received in the future) becomes the property of the bankruptcy estate once bankruptcy is filed. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. HOWEVER, there is certain property which is either excluded or exempt which the debtor will be able to keep. Property or asset exemption are determined based upon your specific situation, personal income and the individual laws of your state.

The best way to determine which property you will be entitled to keep requires a detailed analysis of your unique and personal situation. Although the following Federal and State Bankruptcy Asset Exemption is provided for your information, we highly recommend Finding a Good Bankruptcy Attorney to help guide you through the Bankruptcy Process.

 

Maine Bankruptcy Exemptions

ASSET EXEMPTION DESCRIPTION LAW SECTION

HOMESTEAD

Real property used as residence up to $35,000 (up to $70,000 if over 60 or disabled or if the debtor has a minor dependant who lives in the residence). Includes co-op. Sale proceeds for 6 months

14-4422

INSURANCE

Annuity proceeds to $450 per month

24-A-2431

 

Disability or health proceeds, benefits or avails

14-4422(13)A & C

24-A-2429

 

Fraternal benefit society benefits

24-A-4118

 

Group health or life policy or proceeds

24-A-2430

 

Life, annuity, accident, or endowment policy, proceeds, dividends, interest, loan, cash, or surrender value

24-A-2428

 

Life insurance policy, interest, loan value or accrued dividends for policy from person you depended on, to $4,000

14-4422(11)

 

Unmatured life insurance policy, except credit insurance policy

14-4422(10)

 

Death benefits for police, fire or emergency medical personnel who lose their lives in the line of duty.

25-1612

MISCELLANEOUS

Alimony and child support needed for support

14-4422(13)D

 

Property of business partnership

31-305

 

Unused homestead to $6,000 or unused total for tools of trade, personal injury recoveries, or household goods & furnishings, clothing, appliances, books, animals, crops, and musical instruments.

14-4422

PENSIONS

ERISA-qualified benefits

14-4422(13)E

 

Judges

4-1203

 

Legislators

3-703

 

State employees

5-17054

 

Tax exempt retirement accounts; Traditional and Roth IRAa up to $1,095,000 per person.

 11 U.S.C. ยง 522

PERSONAL PROPERTY

Animals, crops, musical instruments, books, clothing, furnishings, household goods, appliances to $200 per item

14-4422(3)

 

Balance due on repossessed goods; total amount financed can’t exceed $2,000

9-A-5-103

 

Burial plot in lieu of homestead exemption

14-4422(1)

 

Cooking stove; furnaces and stoves for heat

14-4422(6)A & B

 

Food to last 6 months

14-4422(7)A

 

Fuel not to exceed 10 cords of wood, 5 tons of coal or 1,000 of petroleum

14-4422(6)C

 

Health aids

14-4422(12)

 

Jewelry to $750; no limit for 1 wedding and 1 engagement ring

14-4422(4)

 

Lost earnings payments needed for support

14-4422(14)E

 

Military clothes, arms and equipment

37-B-262

 

Motor vehicle to $5,000

14-4422(2)

 

Personal injury recoveries to $12,500

14-4422(14)D

 

Seeds, fertilizers and feed to raise and harvest food for 1 season

14-4422(7)B

 

Tools and equipment to raise and harvest food

14-4422(7)C

 

Wrongful death recoveries needed for support

14-4422(14)B

 

$400 of any property.

 14-4422

PUBLIC BENEFITS

AFDC

22-3180

 

Crime victims’ compensation

14-4422(14)A

 

Social Security

14-4422(13)A

 

Unemployment compensation

14-4422(13)A & C

 

Veterans’ benefits

14-4422(13)B

 

Workers’ compensation

39-A-106

 

Maintenance under the Rehabilitation Act.

26-1411-H

TOOLS OF TRADE

Boat not exceeding 5 tons used in commercial fishing

14-4422(9)

 

Books, materials and stock to $5,000

14-4422(5)

 

1 of each type of farm implement needed to harvest and raise crops

14-4422(8)

WAGES

NONE