NORTH DAKOTA

Has state opted out of federal bankruptcy exemptions? Yes. N.D. Cent. Code § 28-22-17.

Is opt out limited to residents or domiciliaries of the state? Yes. N.D. Cent. Code § 28-22-17: “Residents of this state are not entitled to the federal exemptions provided in [§ 522(d)]. The residents of this state are limited to claiming those exemptions allowable by North Dakota law.”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain. Note, however, that certain additional exemptions provided pursuant to N.D. Cent. Code § 28-22-03.1, including motor vehicle and wildcard (“in lieu of homestead”) are available only to “resident[s] of this state.” See In re Rodenbough, 579 B.R. 545 (Bankr. D. Idaho 2018) (debtors in Idaho whose domicile was North Dakota for bankruptcy purposes must use the “absolute” exemptions provided for non-residents under N.D. Cent. Code § 28-22-02).

Wages: N.D. Cent. Code §§ 28-22-18, 28-25-11, 32-09.1-01, 32-09.1-03.

Scope: Compensation paid or payable for personal services, whether called wages, salary, commission, bonus, or otherwise, including military retirement pay or periodic payments pursuant to a pension or retirement program. Does not include Social Security benefits or veterans’ disability (except for child support garnishment). N.D. Cent. Code § 32-09.1-01.

Amount: Greater of 75% of disposable earnings or forty times federal minimum wage is exempt, with an additional $20 for each dependent living with debtor (N.D. Cent. Code § 32-09.1-03); earnings for personal services received within sixty days preceding order are totally exempt if debtor can show earnings are necessary for use of a family supported in whole or in part by debtor. N.D. Cent. Code § 28-25-11. Disposable earnings are those left after legally required deductions. Wages are exempt only to the extent provided for in section 32-09.1-03. N.D. Cent. Code § 28-22-18.

Survival after payment/deposit: Not specified in garnishment statute.

Waiver: Not specified in garnishment statute.

Homestead: N.D. Cent. Code §§ 28-22-02, 28-22-03.1(1), 47-18-01, 47-18-04, 47-18-14, 47-18-16.

Amount: $100,000 in land and dwelling but lots must be contiguous (N.D. Cent. Code § 47-18-01); or a manufactured home occupied as a residence. The manufactured home exemption may not be claimed by debtor who claims the “in lieu of homestead” wildcard provided by section 28-22-03.1. (N.D. Cent. Code § 28-22-02(10)); exemption subject to certain liens. N.D. Cent. Code § 47-18-04.

Procedural requirements: Procedure available for filing declaration of homestead, but homestead right not impaired by failure to do so.

Special provisions: Sales or insurance proceeds are exempt for one year. N.D. Cent. Code §§ 47-18-14, 47-18-16.

Waiver: Spouse must join in any conveyance or encumbrance.

Tangible personal property: N.D. Cent. Code §§ 28-22-01 through 28-22-05.

Household goods: Fuel and provisions for one year. N.D. Cent. Code § 28-22-02(6).

Motor vehicles: $2950 equity in one vehicle, or $32,000 if modified at cost of not less than $1500 to accommodate owner with permanent disability. N.D. Cent. Code § 28-22-03.1(2).

Tools of trade: $1500 tools of trade. N.D. Cent. Code § 28-22-03.1(3). All crops and grain on up to 160 acres of land occupied by debtor, either as tenant or owner, but subject to seed, thresher, and landlord’s liens. N.D. Cent. Code § 28-22-02(8).

Clothing and jewelry: All wearing apparel not exceeding $5000 in value and all clothing of the debtor and the debtor’s family. N.D. Cent. Code § 28-22-02(5).

Miscellaneous and wildcard: $10,000 in lieu of homestead. N.D. Cent. Code § 28-22-03.1(1). This wildcard may not be claimed if the debtor, debtor’s spouse, or other head of debtor’s family has claimed the homestead exemption or the mobile home exemption provided by section 28-22-2(10). Wildcard of $3750 for single person (N.D. Cent. Code § 28-22-05), $7500 for head of family, that is, married person or one who resides with certain dependents. N.D. Cent. Code § 28-22-03. (May not be used to exempt a real estate interest of any kind.) Head of family may choose either the wildcard, or the listed head of family exemptions above, and $1500 in books and musical instruments. Also exempted: all family pictures, a pew, family library, family bible or other family primary religious text, professionally prescribed health aids. N.D. Cent. Code §§ 28-22-02(1) through 28-22-02(04), 28-22-03.1(6).

Waiver: Not specified in exemption statute.

Benefits, retirement plans, insurance, judgments, and other intangibles: N.D. Cent. Code §§ 28-22-03.1, 28-22-19.

Public benefits: Social Security, veterans’ disability, aid to dependent children, crime victims’ compensation, disability, illness, or unemployment benefit. N.D. Cent. Code §§ 28-22-03.1(8), 28-22-03.1(9), 28-22-19(2), 28-22-19(3).

Pensions, retirement plans, and annuities: Tax-qualified retirement funds that have been effect for at least one year, up to $100,000 in one fund and $200,000 aggregate. Dollar limit does not apply if funds are reasonably necessary for support. N.D. Cent. Code § 28-22-03.1(7). Public employees’ pensions. N.D. Cent. Code § 28-22-19(1). Other pensions, annuities, etc., on account of age, illness, death, disability, or length of service, so far as reasonably necessary for support. N.D. Cent. Code § 28-22-03.1(8)(e).

Insurance, judgments, or other compensation for injury: Proceeds of insurance covering property that is protected by an absolute exemption, if the insurance benefits are in cash or have been invested in other property capable of exemption under this chapter. N.D. Cent. Code § 28-22-02(9). Any unmatured life insurance contract owned by the debtor. Up to $8000, less any amount of property transferred as specified in 11 U.S.C. § 542(d), in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor of which the insured is the debtor or an individual on whom the debtor is dependent. N.D. Cent. Code §§ 28-22-03.1(4), 28-22-03.1(5). Right to receive compensation for wrongful death of person on whom debtor dependent, as needed for support; payment up to $18,450 for personal injury to debtor or one on whom debtor dependent (excluding pain and suffering and actual pecuniary loss); up to $18,450 as compensation for loss of future earnings, as needed for support; award under crime victim’s reparation law. N.D. Cent. Code § 28-22-03.1(9).

Bank accounts: Not specified in exemption statute.

Alimony, child support: alimony, support, or separate maintenance, but not a property settlement, to the extent needed for support. N.D. Cent. Code § 28-22-03.1(8)(d).

Tax refunds: Not specified in exemption statute.

Survival after payment or deposit: Sometimes yes. Statute lists benefits “paid or payable” or “amounts received from” or “funds traceable to” various benefits. Other provisions protect only right to receive benefits.