Bankruptcy exemptions in Maryland: what you can keep
Every Maryland exemption with its amount and law, plus the federal rules that limit them.
Checked against official sources: October 25, 2026.
Short answer
In Maryland you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): your equity in the owner-occupied home you live in, up to the same dollar amount as the federal homestead exemption in 11 U.S.C. 522(d)(1), as adjusted.
- Exemption system
- State exemptions only
- Wildcard (any property)
- Two parts: (1) $6,000 in cash or any property you choose (this $6,000 cap also covers the $500 automatically protected in a bank account); and (2) in bankruptcy only, an extra $5,000 in any personal property.
- Amounts
- Statute text as published by the Maryland General Assembly, read October 2026.
What Maryland lets you keep
Exemptions are the property the law lets you keep. You use the Maryland list. The federal list is not available in Maryland.
Law: Md. Code, Cts. & Jud. Proc. 11-504(g)
| What | Maryland exemption |
|---|---|
Home (homestead) | Your equity in the owner-occupied home you live in (house, condo, converted manufactured home, or co-op), up to the same dollar amount as the federal homestead exemption in 11 U.S.C. 522(d)(1), as adjusted. Since April 1, 2025 that amount is $31,575. A husband and wife cannot both claim it in the same case. You cannot use it on a property if you, or your spouse, child, child's spouse, parent, sibling, grandparent or grandchild, successfully claimed it on that same property in the 8 years before your filing. It applies only in bankruptcy. Law: Md. Code, Cts. & Jud. Proc. 11-504(f)(1)(i)2, (f)(1)(ii), (f)(2), (f)(3) |
Household goods and clothing | Up to $1,000 total in household furnishings, household goods, clothing, appliances, books, pets and other items held mainly for personal, family or household use. Law: Md. Code, Cts. & Jud. Proc. 11-504(b)(4) |
Wildcard (any property) | Two parts: (1) $6,000 in cash or any property you choose (this $6,000 cap also covers the $500 automatically protected in a bank account); and (2) in bankruptcy only, an extra $5,000 in any personal property. Maryland has no separate car exemption, so you can use these amounts to protect a car. Law: Md. Code, Cts. & Jud. Proc. 11-504(b)(5), (b)(6), (f)(1)(i)1 |
Tools of your trade | Up to $5,000 in clothing, books, tools, instruments or appliances needed for your trade or profession (not items kept for sale). Law: Md. Code, Cts. & Jud. Proc. 11-504(b)(1) |
Wages | The greater of 75% of disposable wages, or 30 times the Maryland minimum hourly wage times the number of weeks the wages were earned. Medical insurance payments deducted by your employer are also protected. Law: Md. Code, Com. Law 15-601.1(b) |
Retirement accounts | Money in, and payments from, plans qualified under IRC 401(a), 403(a), 403(b), 408 (IRAs), 408A (Roth IRAs), 414(d) and 414(e) are protected from creditors, except claims by the Maryland Department of Health. Contributions above the deductible or allowed amount, and their earnings, are not protected. Law: Md. Code, Cts. & Jud. Proc. 11-504(h) |
Public benefits | Unemployment benefits are protected, also after you receive them unless mixed with other money. Workers' compensation money is protected until the check is issued (except for child support under the Family Law Article). Public assistance paid or payable is protected. Money paid because of sickness, accident, injury or death (insurance, disability benefits, settlements, judgments) is also protected; disability benefits are not protected against a debt for necessities bought after the disability began. Law: Md. Code, Lab. & Empl. 8-106(b), 9-732; Md. Code, Hum. Serv. 5-407(a); Md. Code, Cts. & Jud. Proc. 11-504(b)(2) |
Other exemptions |
Law: Md. Code, Cts. & Jud. Proc. 11-504(b)(7); Md. Code, Cts. & Jud. Proc. 11-504(b)(8); Md. Code, Cts. & Jud. Proc. 11-504(b)(3); Md. Code, Cts. & Jud. Proc. 11-504(b)(2), (i) |
Amounts: Statute text as published by the Maryland General Assembly, read October 2026. The homestead amount follows the federal 522(d)(1) figure, adjusted every three years (last on April 1, 2025).
Your home in Maryland
Your equity in the owner-occupied home you live in (house, condo, converted manufactured home, or co-op), up to the same dollar amount as the federal homestead exemption in 11 U.S.C. 522(d)(1), as adjusted. Since April 1, 2025 that amount is $31,575.
A husband and wife cannot both claim it in the same case. You cannot use it on a property if you, or your spouse, child, child's spouse, parent, sibling, grandparent or grandchild, successfully claimed it on that same property in the 8 years before your filing. It applies only in bankruptcy.
Law: Md. Code, Cts. & Jud. Proc. 11-504(f)(1)(i)2, (f)(1)(ii), (f)(2), (f)(3)
Retirement accounts
Money in, and payments from, plans qualified under IRC 401(a), 403(a), 403(b), 408 (IRAs), 408A (Roth IRAs), 414(d) and 414(e) are protected from creditors, except claims by the Maryland Department of Health. Contributions above the deductible or allowed amount, and their earnings, are not protected.
Law: Md. Code, Cts. & Jud. Proc. 11-504(h)
Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).
Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)
The 730-day rule
You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.
Law: 11 U.S.C. 522(b)(3)(A)
If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.
Law: 11 U.S.C. 522(b)(3), flush language
In nearby states
- District of Columbia: State or federal, your choice. Home (homestead): unlimited: your whole interest in real property you use as your residence, or in a cooperative that owns property you or a dependent use as a residence.
- Delaware: State exemptions only. Home (homestead): $200,000 of equity in your principal residence (a house, other real property, or a manufactured home you live in).
- New Jersey: State or federal, your choice. Home (homestead): none — New Jersey state law has no homestead exemption for the equity in your home.
- Pennsylvania: State or federal, your choice. Home (homestead): none — Pennsylvania law has no homestead exemption.
Steps to protect what you can in Maryland
Write down your property
Every item of property goes on Official Form 106A/B.
Check the exemption list
For each item, find the Maryland exemption that covers it and its limit.
Fill in Schedule C
The exemptions you choose go on Official Form 106C.
Free help in Maryland
- Debtor Assistance Project (free 30-minute consultation with a volunteer bankruptcy lawyer, run with the U.S. Bankruptcy Court)
- Maryland Volunteer Lawyers Service · 410-547-6537
- Maryland Legal Aid · 888-465-2468
- Find free legal aid at LawHelp.org
- U.S. Bankruptcy Court for the District of Maryland – Court's self-help page
Questions about exemptions in Maryland
Can I use the federal bankruptcy exemptions in Maryland?
No. Maryland requires you to use the state exemptions.
Can I keep my house in bankruptcy in Maryland?
Your equity in the owner-occupied home you live in (house, condo, converted manufactured home, or co-op), up to the same dollar amount as the federal homestead exemption in 11 U.S.C. 522(d)(1), as adjusted. Since April 1, 2025 that amount is $31,575.
Does Maryland have a wildcard exemption?
Two parts: (1) $6,000 in cash or any property you choose (this $6,000 cap also covers the $500 automatically protected in a bank account); and (2) in bankruptcy only, an extra $5,000 in any personal property. Maryland has no separate car exemption, so you can use these amounts to protect a car.
What personal property is protected in Maryland?
Up to $1,000 total in household furnishings, household goods, clothing, appliances, books, pets and other items held mainly for personal, family or household use.
What happens to retirement money in Maryland?
Money in, and payments from, plans qualified under IRC 401(a), 403(a), 403(b), 408 (IRAs), 408A (Roth IRAs), 414(d) and 414(e) are protected from creditors, except claims by the Maryland Department of Health. Contributions above the deductible or allowed amount, and their earnings, are not protected.
Are my wages protected in Maryland?
The greater of 75% of disposable wages, or 30 times the Maryland minimum hourly wage times the number of weeks the wages were earned. Medical insurance payments deducted by your employer are also protected.