What are bankruptcy exemptions in North Carolina?
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)
3. Wildcard — N.C.G.S. § 1C-1601(a)(2)
4. Motor Vehicle — N.C.G.S. § 1C-1601(a)(3)
5. Personal Property — N.C.G.S. § 1C-1601(a)(4)
6. Tools of Trade — N.C.G.S. § 1C-1601(a)(5)
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)
10. Insurance
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.
- 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
- 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.