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Minnesota Bankruptcy Law

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Minnesota Bankruptcy Exemptions

The Minnesota bankruptcy exemptions chart, see below, details the property you can exempt or protect from creditors when you file bankruptcy in Minnesota. You may exempt any property that falls into one of the exemptions categories below, up to the dollar amount listed. You will be able to kept this exempted property after you file bankruptcy. Please note that there are certain debts which you will not be able to erase in bankruptcy. (see Non-dischargeable Debts)

In Minnesota, you also have the choice of using the federal exemption statutes instead of your Minnesota exemptions.

An exemption limit applies to any equity you have in the property. Equity is the difference between the value of the property and what is owed on the property. For example, a car valued at $5000 with a loan of $4500 has an equity value of only $500.

If the property is secured by a loan, such as a car or home, and you are current on the payments, the equity is covered by your exemptions, and you elect to keep making payments on the loan you generally can keep this property through the bankruptcy. If all the equity is not covered by your exemptions the trustee may elect to liquidate this asset and distribute the assets. Generally, in this case, you would be entitled to the value of your exemption in the asset as a cash payment.

Bankruptcy law allows married couples filing jointly to each claim a full set of exemptions, unless otherwise noted.

To keep non-exempt property, a debtor must generally pay the trustee the value of the non-exempt property.

When you file bankruptcy in Minnesota you may also use certain federal exemptions in addition to your Minnesota exemptions.

 

ASSET

EXEMPTION DESCRIPTION
NOTE: § 550.37(4)(a) requires that certain exemptions be adjusted for inflation on July 1 of even-numbered years. The below exemptions include changes through 7/1/94. For additional information, contact the Minnesota Department of Commerce.

LAW SECTION

Homestead

Real property, mobile home or manufactured home to $200,000 or, if the homestead is used primarily for agricultural purposes, $500,000; cannot exceed ½ acre in city or 160 acres elsewhere

510.01, 510.02,

550.37 subd. 12

 

Insurance

Accident or disability proceeds

550.39

  Fraternal benefit society benefits 64B.18
  Life insurance proceeds if beneficiary is spouse or child of insured to $32,000, plus $8000 per dependent 550.37 subd. 10
  Police, fire or beneficiary association benefits 550.37 subd. 11
  Unmatured life insurance contract dividends, interest or loan value to $6400 if insured is debtor or someone debtor depends on 550.37 subd. 23

Miscellaneous

Earnings of minor child

550.37 subd. 15

  Property of business partnership 323.24

Pension

ERISA-qualified benefits needed for support, which do not exceed $48,000 in present value

IRAs needed for support, which do not exceed $48,000 in present value

Private retirement benefits (only benefits building up)

Public employees

State employees

State troopers

550.37 subd. 24

550. 37 subd. 24

181B.16

353.15

352.96

352B.071

Personal property

Appliances, furniture, radio, phonographs & TV to $7200 value

550.37 subd. (4)(b)

  Bible, books & musical instruments 550.37 subd. 2
  Burial plot; church pew or seat 550.37 subd. 3
  Clothing (includes watch), food & utensils 550.37 subd. 4(a)
  Motor vehicle to $3200 (up to $32,000 if vehicle has been modified for disability) 550.37 subd. 12(a)
  Personal injury recoveries 550.37 subd. 22
  Proceeds for damaged exempt property 550.37 subds. 9, 16
  Wrongful death recoveries 550.37 subd. 22

Public benefits

AFDC, supplemental assistance, general assistance, SSI/SSA

550.37 subd. 14

  Crime victims compensation 611A.60
  Unemployment compensation 268.17 subd. 2
  Veterans’ benefits 550.38
 

Workers’ compensation

176.175

Tools of trade

total tools of trade (except teaching materials) can’t exceed $13000

Farm machines, implements, livestock, farm produce & crops of farmers to $13,000 total

550.37 subd. 5

  Teaching materials (including books, chemical apparatus) of public school teacher 550.37 subd. 8
  Tools implements, machines, instruments, furniture, stock in trade & library to $8000 total 550.37 subd. 6

Wages

Earned but unpaid wages, paid within 6 months of returning to work if debtor received welfare in the past

550.37 subd. 5

  Minimum 75% of earned but unpaid wages 571.922
  Wages deposited into bank accounts for 20 days after depositing 550.37 subd. 13
  Wages of released inmates paid within 6 months of release 550.37 subd. 14
  All Earnings not subject to garnishment restrictions 550.37 subd. 13

WILD CARD

NONE

 

For more information on filing bankruptcy in Minnesota explore Minnesota Bankruptcy Law.

 

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