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Minnesota, MN Bankruptcy Exemptions

BANKRUPTCY FEDERAL EXEMPTIONS ARE AVAILABLE
All law references are to Minnesota, MN Bankruptcy Code.

All property of the debtor at the time of the filing for bankruptcy (and certain other property to be received in the future) becomes the property of the bankruptcy estate once bankruptcy is filed. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. HOWEVER, there is certain property which is either excluded or exempt which the debtor will be able to keep. Property or asset exemption are determined based upon your specific situation, personal income and the individual laws of your state.

The best way to determine which property you will be entitled to keep requires a detailed analysis of your unique and personal situation. Although the following Federal and State Bankruptcy Asset Exemption is provided for your information, we highly recommend Finding a Good Bankruptcy Attorney to help guide you through the Bankruptcy Process.

Minnesota Bankruptcy Exemptions

All law references are to Minnesota Bankruptcy Code.

§ 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.

ASSET EXEMPTION DESCRIPTION LAW SECTION

Homestead

A home and the land it is situated on up to $200,000 ($500,000 if used primarily for agriculture), but can not exceed 1/2 acre in a city or 160 acres elsewhere. Manufactured homes up to an unlimited value.

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, up to $38,000 plus additional $9,500 per dependent 550.37 subd. 10
  Police, fire or beneficiary association benefits 550.37 subd. 11
  Unmatured life insurance contract dividends, interest, loan, cash, or surrender value if insured is the debtor or someone the debtor depends upon up to $7,600 550.37 subd. 23

Miscellaneous

Earnings of minor child

550.37 subd. 15

Pension

ERISA-qualified benefits, including IRAs, needed for support, up to $57,000 present value

550.37

 

Public employees

353.15

 

State employees

352.96

 

State troopers

352B.071

 

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person.

11 U.S.C. ยง 522

Personal property

Furniture, appliances, radio, TV, jewelry and phonographs, up to $8,550 total

550.37

  Books 550.37
  Burial plot; church pew or seat 550.37 subd. 3
  Clothing (includes watch), food & utensils 550.37 subd. 4(a)
  Motor vehicle to $3,800 (up to $38,000 if vehicle has been modified for disability) 550.37
  Personal injury lost earnings 550.37
  Proceeds for damaged exempt property 550.37 subds. 9, 16
  Wrongful death recoveries 550.37 subd. 22
  Wedding rings up to $1,225 550.37

Public benefits

AFDC, supplemental assistance, general assistance, SSI/SSA

550.37 subd. 14

  Crime victims compensation 611A.60
  Unemployment compensation 268.192
  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 of a university, college, public school or public institution teacher of unlimited value and not subject to $13,000 limit 550.37
  Tool, library, furniture, machines, instruments, implementsn and stock in trade & library to $9,500 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

  The greater of following: 40 times the federal minimum hourly wage or minimum of 75% of weekly disposable wages. 571.55
  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

WILD CARD

NONE