Maryland · Bankruptcy Exemption

Maryland Bankruptcy
Exemption Calculator

See what property you can protect in a Maryland bankruptcy — homestead, vehicle, personal property exemptions.

7 min readReviewed by the Made for Law editorial team
MD
Maryland
$31,575Homestead Exemption
24Counties
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Estimate your Maryland Bankruptcy Exemption

See what property you can protect in a Maryland bankruptcy — homestead, vehicle, personal property exemptions.

Data sourced from Maryland statutes and court fee schedules.

Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer

Quick answer

Maryland bankruptcy exemptions include a $31,575 homestead exemption. Maryland exemptions are governed by MD Est. & Trusts § 7-601.

Key Takeaways

  • Homestead exemption: $25,150 (tenancy by the entirety provides unlimited protection for married couples)
  • Maryland requires state exemptions (federal opt-out)
  • Wildcard: $6,000
  • Retirement accounts (401k, pensions) are fully protected; IRAs exempt up to $1,711,975
Maryland at a glance

Key facts for Maryland bankruptcy exemption

Homestead Exemption
$31,575
Homestead Exemption
Counties
24
Counties
In depth

What drives bankruptcy exemption in Maryland

Bankruptcy attorney explaining state exemptions to client — Maryland
Bankruptcy Exemption Calculator — Maryland

Bankruptcy Exemptions in Maryland

Maryland has opted out of the federal bankruptcy exemptions, meaning debtors filing in Maryland must use the state's own exemption schedule. Bankruptcy exemptions determine which assets you can keep when filing Chapter 7 bankruptcy or how much equity is protected in Chapter 13.

The specific dollar limits in Maryland directly determine whether a Chapter 7 trustee can liquidate your home, car, or savings — and how much unsecured creditors must receive in a Chapter 13 plan.

Exemptions protect specific categories of property up to defined dollar limits: your home (homestead), vehicles, personal belongings, wages, retirement accounts, and tools needed for your occupation. If the equity in an asset exceeds the applicable exemption, a Chapter 7 trustee may sell the asset, pay you the exempt amount, and distribute the remainder to creditors.

In Chapter 13, exemptions determine the minimum amount your repayment plan must pay unsecured creditors.

Maryland's exemption amounts can differ substantially from neighboring states and from the federal baseline. The exemption amounts in Maryland fall in the mid-range nationally, offering moderate protection for homeowners and personal property.

These amounts are periodically adjusted, so confirming the current figures with a bankruptcy attorney before filing is essential.

  • Maryland exemption statutes are found at Md. Code, Cts. & Jud. Proc. §§ 11-503 through 11-504. Maryland has opted out of federal exemptions. Non-obvious Maryland exemptions include: annuity benefits (fully exempt under Ins. Art. § 16-111)
  • life insurance proceeds (fully exempt if paid to a named beneficiary)
  • and pension/retirement plan benefits (fully exempt for public employees
  • IRAs exempt up to $1.2 million). Maryland's most powerful bankruptcy protection is tenancy by the entirety — marital real property held as tenants by the entirety is protected from the individual debts of one spouse in Chapter 7, effectively providing unlimited homestead protection for married couples with joint debt-free real estate. Maryland's $25,150 statutory homestead serves single debtors or those without tenancy by the entirety.

Maryland Homestead Exemption

The homestead exemption in Maryland protects $25,150 (tenancy by the entirety provides unlimited protection for married couples) of equity in your primary residence from creditors in bankruptcy. Modest statutory homestead but tenancy by the entirety protects unlimited equity from individual creditors of one spouse.

If your home equity exceeds the Maryland homestead exemption, a Chapter 7 trustee could sell your home, pay you the exempt amount, and distribute the surplus to creditors. In this situation, Chapter 13 may be a better option — it allows you to keep your home while repaying creditors over 3–5 years, as long as your plan pays unsecured creditors at least what they would have received in Chapter 7.

Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), debtors who acquired their homestead within 1,215 days (about 3.3 years) before filing are limited to a $201,050 homestead exemption regardless of state law. This federal cap prevents debtors from moving to states with generous homestead exemptions shortly before filing.

Additionally, if a debtor has been convicted of securities violations or certain felonies, the homestead exemption may be further limited.

Couple reviewing bankruptcy exemption options together in Maryland
Maryland bankruptcy exemption calculator

Vehicle and Personal Property Exemptions in Maryland

Maryland allows a motor vehicle exemption of $5,000. This protects equity in your vehicle — not the vehicle's full value.

If you owe $15,000 on a car worth $20,000, your equity is $5,000. If your vehicle equity is within the exemption amount, you keep the car.

If it exceeds the exemption, the trustee may sell the vehicle, pay off the loan, pay you the exempt amount, and distribute the rest to creditors.

For personal property, Maryland provides the following protections: $1,000 in household goods and clothing. These exemptions cover essential household items such as furniture, appliances, clothing, and similar necessities.

In practice, Chapter 7 trustees rarely seize ordinary household goods because the cost of seizure and sale typically exceeds the resale value. However, high-value items like art collections, antiques, or designer goods may attract trustee attention.

Tools of the trade — equipment, instruments, and supplies needed for your occupation — are protected up to $5,000 in Maryland. This exemption is critical for self-employed individuals, tradespeople, and professionals whose livelihood depends on specialized equipment.

The exemption typically covers hand tools, machinery, professional libraries, office equipment, and similar items directly used in your work.

Wildcard and Flexible Exemptions in Maryland

The wildcard exemption in Maryland allows you to protect $6,000 of equity in any property of your choosing. This is one of the most flexible tools in bankruptcy planning because it can be applied to any asset — cash, tax reimbursements, bank accounts, a second vehicle, equity above the homestead limit, or any other property that doesn't fit neatly into another exemption category.

Without a wildcard, Maryland debtors must rely entirely on category-specific exemptions. Strategic pre-bankruptcy planning — such as converting non-exempt assets into exempt forms — becomes more important in states without a wildcard.

Married couples filing jointly may be able to double exemption amounts (called "stacking") depending on Maryland law. In some states, each spouse can claim the full exemption amount, effectively doubling protection.

In others, the exemption amounts are per-household rather than per-person. A bankruptcy attorney can advise whether doubling is available for your specific situation in Maryland.

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Retirement Account and Wage Protections in Maryland

Retirement accounts receive strong protection in Maryland bankruptcy cases. ERISA-qualified plans — including 401(k), 403(b), profit-sharing plans, and defined benefit pensions — are fully exempt from creditor claims under both federal and state law with no dollar cap.

This is one of the most powerful protections available to bankruptcy filers.

Traditional and Roth IRAs are exempt up to $1,711,975 (as of 2024, adjusted every 3 years) under 11 U.S.C. §522(n).

This federal cap applies regardless of state exemption choices. SEP-IRAs and SIMPLE IRAs that receive only employer contributions are treated like ERISA plans and receive unlimited protection.

Inherited IRAs, however, are NOT protected in bankruptcy following the Supreme Court's decision in Clark v. Rameker (2014).

Wage protection in Maryland: 75% of disposable earnings or 30x federal minimum wage; full exemption for Caroline, Kent, Queen Anne's, and Worcester counties. This exemption protects your paycheck from garnishment by the bankruptcy trustee and general creditors.

The wage exemption typically applies to earned but unpaid wages, meaning money you have already earned but not yet received. Once wages are deposited into a bank account, they may lose their exempt status unless you can trace them.

Public benefits are also protected: Unemployment, workers' comp, Social Security exempt.

Bankruptcy attorney reviewing exemption schedules in Maryland
Bankruptcy Exemption Calculator resources — Maryland

Strategies for Maximizing Maryland Bankruptcy Exemptions

Pre-bankruptcy planning in Maryland involves legally structuring your assets to maximize the protection offered by available exemptions. Since Maryland requires use of state exemptions, your planning focuses on ensuring assets are held in exempt forms and that equity in each category stays within the exemption limits.

Common legitimate pre-bankruptcy strategies include: paying down a mortgage to increase protected home equity (where the homestead exemption allows it), contributing to retirement accounts (which are fully protected), converting non-exempt assets to exempt forms (such as using cash to prepay exempt insurance policies), and repairing or maintaining exempt property like your vehicle or home. These conversions must be done in good faith and well in advance of filing.

Courts scrutinize large asset conversions made shortly before bankruptcy as potential fraud.

Timing matters significantly. Federal law imposes a means test for Chapter 7 eligibility, and income is measured over the 6 months before filing.

Strategic timing of your filing date can affect which income months are counted, whether seasonal bonuses push you over the means test threshold, and how tax reimbursements are treated. Consulting with a Maryland bankruptcy attorney 3–6 months before filing allows time to implement legitimate planning strategies.

Frequently asked

Questions families ask about Maryland bankruptcy exemption

Edited and reviewed by our editorial team. Answers are general information — not legal advice.

Can I choose federal bankruptcy exemptions in Maryland?

No. Maryland has opted out of the federal exemption system. You must use Maryland state exemptions when filing bankruptcy.

What is the homestead exemption in Maryland?

Maryland's homestead exemption protects $25,150 (tenancy by the entirety provides unlimited protection for married couples) of equity in your primary residence. This amount represents the maximum equity you can protect.

Are retirement accounts protected in Maryland bankruptcy?

Yes. ERISA-qualified retirement accounts (401k, 403b, pensions) are fully exempt with no dollar cap. IRAs are protected up to $1,711,975 under federal law. However, inherited IRAs are NOT protected.

How much of my wages are protected?

In Maryland, 75% of disposable earnings or 30x federal minimum wage; full exemption for Caroline, Kent, Queen Anne's, and Worcester counties. Once wages are deposited into a bank account, they may lose exempt status unless traceable.

What is a wildcard exemption?

A wildcard exemption lets you protect equity in any property, regardless of category. In Maryland, the wildcard exemption is $6,000. This is especially useful for protecting bank account balances, tax reimbursements, or equity that exceeds other exemption limits.

Where can I find a bankruptcy attorney in Maryland?

The exemption analysis is highly fact-specific — small differences in how assets are held can determine whether they are protected. For a comprehensive overview of what property debtors can protect, see the United States Courts bankruptcy exemptions guide. Find a Maryland bankruptcy attorney to review your specific situation before filing.

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Key statutes: MD Est. & Trusts § 7-601

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Legal information, not legal advice. The Bankruptcy Exemption Calculator for Maryland produces estimates based on public fee schedules and state statutes. Actual costs vary by case. For advice about your situation, consult a licensed Maryland attorney.