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What are bankruptcy exemptions in North Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

North Carolina has modest state exemptions and an opt-out regime.

1. Opt-Out State — N.C.G.S. § 1C-1601(f)

North Carolina opted out. Debtors must use North Carolina exemptions.

2. Homestead — N.C.G.S. § 1C-1601(a)(1)

  • $35,000 for individuals.
  • $70,000 for married couples filing jointly with both on title.
  • $60,000 for surviving spouses or owners 65+ where former joint owner is deceased.
  • 3. Wildcard — N.C.G.S. § 1C-1601(a)(2)

  • Up to $5,000 of unused homestead amount applied to any property, PLUS
  • $500 in any other property under § 1C-1601(a)(2).
  • 4. Motor Vehicle — N.C.G.S. § 1C-1601(a)(3)

  • $3,500 equity in one motor vehicle.
  • 5. Personal Property — N.C.G.S. § 1C-1601(a)(4)

  • Household goods, clothing, appliances, books: $5,000 aggregate, plus $1,000 per dependent up to $4,000 additional (so a debtor with 4 dependents has $9,000).
  • 6. Tools of Trade — N.C.G.S. § 1C-1601(a)(5)

  • $2,000.
  • 7. Health Aids — N.C.G.S. § 1C-1601(a)(7)

    Fully exempt.

    8. Wages — N.C.G.S. § 1-362

    60 days of earnings necessary for support of family fully exempt. Lesser of 25% disposable or amount over 30x minimum wage may be garnished going forward (matches CCPA).

    9. Retirement Accounts — N.C.G.S. § 1C-1601(a)(9)

  • 401(k), 403(b), pensions: fully exempt.
  • IRAs and Roth IRAs: fully exempt.
  • College savings plans (529): $25,000.
  • 10. Insurance

  • Life insurance — N.C.G.S. § 1C-1601(a)(6): proceeds payable to estate or spouse exempt.
  • Disability benefits — N.C.G.S. § 1C-1601(a)(8): exempt.
  • 11. Public Benefits — N.C.G.S. § 1C-1601(a)(7)

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

    12. Personal Injury Proceeds — N.C.G.S. § 1C-1601(a)(8)

    Compensatory damages for personal injury — exempt.

    13. Alimony / Child Support — N.C.G.S. § 1C-1601(a)(8)

    Necessary for support — exempt.

    14. Burial Plot — N.C.G.S. § 1C-1601(a)(1)

    Up to $35,000 as part of homestead.

    15. Tenancy by the Entirety

    North Carolina recognizes — property held jointly by spouses exempt from individual creditors.

    16. Domicile Requirement

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

    17. No CPI Adjustment

    Exemption amounts not routinely adjusted.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You and your spouse own property as tenants by the entirety and want to maximize protection
    • Your home equity exceeds $35,000 and you may need to consider Chapter 13 to keep the home
    • You have multiple dependents and need help calculating the per-dependent personal property exemption
    Related Statutes & Laws
    • N.C.G.S. § 1C-1601
    • N.C.G.S. § 1-362

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.