Bankruptcy exemptions in North Carolina: what you can keep

Every North Carolina exemption with its amount and law, plus the federal rules that limit them.

Checked against official sources: October 25, 2026.

Short answer

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.

Exemption system: State exemptions only
Car or other vehicle: $3,500 in equity in one motor vehicle, per debtor.
Wildcard (any property): Up to $5,000 of your unused homestead exemption, applied to any property.
Amounts: Dollar amounts in G.S. 1C-1601 are fixed in the statute (not indexed); they have been unchanged since the 2009 amendment.

The North Carolina exemption list

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 North Carolina homestead exemption

$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)

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

What changed in 2024–2026 in North Carolina

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

Retirement money

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

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)

Which state's law applies

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

Virginia: State exemptions only. Home (homestead): up to $50,000 in real or personal property used as the principal residence of you or your dependents.
South Carolina: State exemptions only. Home (homestead): $80,125 per debtor in your home (or a co-op or a burial plot for you or a dependent).
West Virginia: State or federal, your choice. Home (homestead): up to $35,000 in real or personal property that you or a dependent uses as a residence, or in a burial plot for you or a dependent.
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.

What to do now in North Carolina

List what you own
Write down your home, car, bank accounts, household goods and other property, with a value for each. The form for this is Official Form 106A/B.
Compare with the list
Use the North Carolina table above to see which exemption covers each item and how much.
List the exemptions you claim
The exemptions you choose go on Official Form 106C.
Ask for free help
Free help: Legal Aid of North Carolina (statewide free civil legal aid) and North Carolina Bar Association Lawyer Referral Service (listed by the Eastern District court).

Where to get free help in North Carolina

Questions about exemptions in North Carolina

State or federal exemptions in North Carolina?

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

What is the homestead exemption in North Carolina?

What is the vehicle exemption in North Carolina?

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

What is the wildcard exemption in North Carolina?

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.

Is my 401(k) or IRA protected in a North Carolina bankruptcy?

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.