What are bankruptcy exemptions in Massachusetts?

Massachusetts has the strongest automatic homestead protection in the country.

1. Choice Between State and Federal

Massachusetts did not opt out. Debtors may choose state or federal exemptions in 11 U.S.C. § 522(d).

2. Massachusetts Homestead — M.G.L. ch. 188

$125,000 automatic homestead under M.G.L. ch. 188, § 4 — applies without filing anything.

$500,000 declared homestead under M.G.L. ch. 188, § 3 — requires filing a Declaration of Homestead with the registry of deeds.

$1,000,000 for elderly (62+) or disabled debtors.

The recorded homestead provides far stronger protection — most attorneys recommend filing it before bankruptcy. The 2010 Homestead Act (effective 2011) modernized and strengthened the law.

3. Massachusetts State Personal Property — M.G.L. ch. 235, § 34

Necessary furniture and bedding: $15,000.

Bibles, books: $500.

Cash on hand: $2,500.

Provisions and food: $600 of provisions necessary for the debtor and family.

Sewing machine, computer: $300 each.

Cooperative association shares: $100.

Bank deposits: $2,500.

Burial plots and tombs: unlimited.

Church pew: $1,500.

4. Motor Vehicle — M.G.L. ch. 235, § 34(16)

$7,500 equity in one motor vehicle.

$15,000 if elderly (60+) or disabled.

5. Tools of Trade — M.G.L. ch. 235, § 34(7)

$5,000.

6. Wildcard — Federal only ($1,475 + $13,950 unused homestead under § 522(d)(5))

Massachusetts has effectively no general state wildcard — federal exemptions provide better wildcard.

7. Wages — M.G.L. ch. 246, § 28

85% of weekly gross wages OR 50x state minimum wage exempt — more protective than federal.

8. Retirement Accounts — M.G.L. ch. 235, § 34A

401(k), 403(b), pensions, IRAs, Roth IRAs: fully exempt.

9. Insurance — M.G.L. ch. 175, § 110A, 125, 126

Life insurance, annuities, disability — fully exempt.

10. Public Benefits — M.G.L. ch. 235, § 34

Social Security, unemployment, workers' comp, veterans', public assistance — fully exempt.

11. Federal Exemption Comparison

Federal homestead is only $27,900 — Massachusetts homestead almost always wins.

12. Domicile Requirement

730-day rule under 11 U.S.C. § 522(b)(3).

13. Filing Tip

File the Declaration of Homestead before filing bankruptcy to claim the full $500,000 exemption (or $1,000,000 if elderly/disabled).

This is legal information, not legal advice.