Bankruptcy in North Carolina

In North Carolina you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $35,000 in equity in real or personal property that you or a dependent use as a residence (including a co-op or a mobile home) or in a burial plot.

You file in one of 3 federal bankruptcy courts:

What can I keep?Do I pass the means test?Where do I file?Free help

Checked against official sources: October 25, 2026. · Free letter and checklist ↓

What you can keep in North Carolina

Exemptions are the property the law lets you keep. You use the North Carolina list. The federal list is not available in North Carolina.

Law: N.C. Gen. Stat. 1C-1601(f)

What	North Carolina exemption
Home (homestead)	$35,000 in equity in real or personal property that you or a dependent use as a residence (including a co-op or a mobile home) or in a burial plot. $60,000 if you are unmarried, 65 or older, and you owned the home with a now-deceased co-owner as tenants by the entirety or joint tenants with right of survivorship. Per debtor. When a married couple files a joint case, each spouse can claim the exemption. Up to $5,000 of any homestead amount you do not use can be used on any other property (see wildcard). No recorded declaration is required, but in bankruptcy you list your North Carolina exemptions on the court's local exemption form. Law: 11 U.S.C. 522(m); N.C. Gen. Stat. 1C-1601(a)(1)
Car or other vehicle	$3,500 in equity in one motor vehicle, per debtor Law: N.C. Gen. Stat. 1C-1601(a)(3)
Household goods and clothing	Total of $5,000 for you plus $1,000 for each dependent (dependents capped at $4,000 total, so up to $9,000) in household furnishings and goods, clothing, appliances, books, animals, crops and musical instruments kept for personal, family or household use. Professionally prescribed health aids are fully exempt. Law: N.C. Gen. Stat. 1C-1601(a)(4), (a)(7)
Wildcard (any property)	Up to $5,000 of your unused homestead exemption, applied to any property Law: N.C. Gen. Stat. 1C-1601(a)(2)
Tools of your trade	$2,000 total in implements, professional books or tools of your trade or a dependent's trade Law: N.C. Gen. Stat. 1C-1601(a)(5)
Wages	Your earnings for personal services in the 60 days before a court order are protected when they are needed to support a family that depends wholly or partly on your work. Law: N.C. Gen. Stat. 1-362
Retirement accounts	IRAs and Roth IRAs (including inherited IRAs received by direct transfer or rollover) are exempt. North Carolina state and local government retirement benefits are exempt, and retirement plans of other states are exempt to the extent that state exempts them. Law: N.C. Gen. Stat. 1C-1601(a)(9), (a)(11); N.C. Gen. Stat. 135-9
Public benefits	Unemployment benefits (while not mixed with other funds), workers' compensation, and public assistance are exempt. Law: N.C. Gen. Stat. 96-17(c); N.C. Gen. Stat. 97-21; N.C. Gen. Stat. 108A-36
Other exemptions	Alimony, support and child support received or owed to you, to the extent reasonably necessary to support you and your dependents. Personal injury and wrongful death compensation, including private disability policy payments, except against bills for the medical, funeral and legal costs of that injury. Life insurance as provided in Article X, Section 5 of the North Carolina Constitution. 529 college savings accounts and ABLE accounts are fully exempt for cases filed on or after September 1, 2025, including withdrawals used for a qualifying purpose. Law: N.C. Gen. Stat. 1C-1601(a)(12); N.C. Gen. Stat. 1C-1601(a)(8); N.C. Gen. Stat. 1C-1601(a)(6); N.C. Gen. Stat. 1C-1601.5

Amounts: Dollar amounts in G.S. 1C-1601 are fixed in the statute (not indexed); they have been unchanged since the 2009 amendment.

The means test in North Carolina: first step

Official Form 122A-1 compares your household's yearly income with the median income in North Carolina. Here are the official medians:

1 person$67,117
2 people$84,384
3 people$101,535
4 people$116,737
Each extra person+$11,100

Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4

Where to file in North Carolina

You file in the district where you lived (your domicile) for most of the last 180 days. North Carolina has three districts: Eastern, Middle and Western. The Middle District court lists which counties belong to each district: https://www.ncmb.uscourts.gov/north-carolina-counties. Division maps: https://www.nceb.uscourts.gov/divisional-maps (Eastern) and https://www.ncwb.uscourts.gov/western-district-north-carolina-divisional-map (Western).

Law: 28 U.S.C. 1408

U.S. Bankruptcy Court for the Eastern District of North Carolina

Divisions: Raleigh (clerk's office), with hearings in Fayetteville, Greenville, New Bern and Wilmington

Clerk's phone: 919-856-4752

Court's self-help page

U.S. Bankruptcy Court for the Middle District of North Carolina

Divisions: Greensboro, Winston-Salem

Clerk's phone: 336-358-4000

Court's self-help page

U.S. Bankruptcy Court for the Western District of North Carolina

Divisions: Charlotte, Asheville, Shelby, Statesville

Clerk's phone: (704) 350-7500

Court's self-help page

Free help in North Carolina

Free letter and checklist

Letter: tell a creditor you filed bankruptcy

Notice to a creditor or debt collector with your case number, court, filing date and chapter.

Checklist: what to gather before you file

Income, tax returns, debts, property and budget papers the federal forms ask about, with North Carolina's courts.

Bankruptcy in North Carolina by topic

Exemptions in North Carolina

Home, car, household goods, wildcard and more, with the law for each.

The means test in North Carolina

The official median income and the first-step check.

Where to file in North Carolina

The bankruptcy courts, divisions, fees and the 341 meeting.

Good to know in North Carolina

North Carolina has no U.S. Trustee. Bankruptcy Administrators, who work for the courts, oversee cases and trustees instead (Middle District Bankruptcy Administrator: https://www.ncmba.uscourts.gov; EDNC pro se guide).
A home owned by a married couple as tenants by the entirety cannot be taken for the separate debts of only one spouse.
Law: N.C. Gen. Stat. 41-60(a)
The vehicle, household goods, tools and wildcard exemptions do not cover items bought less than 90 days before you file, unless bought with money from selling other exempt property.
Law: N.C. Gen. Stat. 1C-1601(d)

Changes in 2024–2026

Effective September 1, 2025 (cases filed on or after that date), the old capped 529 college savings exemption in G.S. 1C-1601(a)(10) was repealed and replaced by a new section, G.S. 1C-1601.5, that fully protects 529 education savings accounts and ABLE accounts. Homestead, vehicle and other dollar amounts did not change.

Law: S.L. 2025-46

Questions about bankruptcy in North Carolina

Can I use the federal bankruptcy exemptions in North Carolina?

No. North Carolina requires you to use the state exemptions.

What is the homestead exemption in North Carolina?

$35,000 in equity in real or personal property that you or a dependent use as a residence (including a co-op or a mobile home) or in a burial plot. $60,000 if you are unmarried, 65 or older, and you owned the home with a now-deceased co-owner as tenants by the entirety or joint tenants with right of survivorship.

How much of a car can I keep in bankruptcy in North Carolina?

$3,500 in equity in one motor vehicle, per debtor

Does North Carolina have a wildcard exemption?

Up to $5,000 of your unused homestead exemption, applied to any property

What household goods can I keep in North Carolina?

Total of $5,000 for you plus $1,000 for each dependent (dependents capped at $4,000 total, so up to $9,000) in household furnishings and goods, clothing, appliances, books, animals, crops and musical instruments kept for personal, family or household use. Professionally prescribed health aids are fully exempt.

Are retirement accounts protected in bankruptcy in North Carolina?

IRAs and Roth IRAs (including inherited IRAs received by direct transfer or rollover) are exempt. North Carolina state and local government retirement benefits are exempt, and retirement plans of other states are exempt to the extent that state exempts them.

Are my wages protected in North Carolina?

Your earnings for personal services in the 60 days before a court order are protected when they are needed to support a family that depends wholly or partly on your work.

Where do I file bankruptcy in North Carolina?

What is the median income for the means test in North Carolina?

For cases filed on or after April 1, 2026: 1 person: $67,117; 2 people: $84,384; 3 people: $101,535; 4 people: $116,737; Each extra person: +$11,100.

Where can I get free help with bankruptcy in North Carolina?

Legal Aid of North Carolina (statewide free civil legal aid), North Carolina Bar Association Lawyer Referral Service (listed by the Eastern District court) and Middle District bankruptcy court — Pro Bono and Mentoring Programs.