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Exempt property -- items/property the legislature has defined as "beyond the reach of creditors;" property that cannot be taken from a debtor even though the creditors have not been fully repaid what they are owed.  The purpose for defining exempt property is so a debtor and family have at least enough resources to meet their survival needs and to allow them a small foundation on which to rebuild their financial health.

The states define exempt property; for example, North Dakota defines exempt property as

N.D.C.C. §47-18-01. Homestead exemption - Area and value. The homestead of any person, whether married or unmarried, residing in this state shall consist of the land upon which the claimant resides, and the dwelling house on that land in which the homestead claimant resides, with all its appurtenances, and all other improvements on the land, the total not to exceed eighty thousand dollars in value, over and above liens or encumbrances or both. The homestead shall be exempt from judgment lien and from execution or forced sale, except as otherwise provided in this chapter. In no case shall the homestead embrace different lots or tracts of land unless they are contiguous.

N.D.C.C. §28-22-02. Absolute exemption. The property mentioned in this section is absolutely exempt from all process, levy, or sale:

  1. All family pictures.
  2. A pew or other sitting in any house of worship.
  3. A lot or lots in any burial ground.
  4. The family Bible and all schoolbooks used by the family and all other books used as a part of the family library not exceeding in value one hundred dollars.
  5. All wearing apparel and clothing of the debtor and his family.
  6. The provisions for the debtor and the debtor's family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year.
  7. The homestead as created, defined, and limited by law.
  8. All crops and grain, both threshed and unthreshed, raised by the debtor on not to exceed one hundred sixty acres [64.75 hectares] of land in one tract occupied by the debtor, either as owner or tenant, as the debtor's home, but the provisions of this subsection in no way affect seed, thresher, or landlord liens, and if the debtor takes advantage of this subsection the debtor may not take any additional alternative exemptions provided under this chapter.
  9. All insurance benefits resulting from insurance covering any or all of the absolute exemptions.
  10. Any housetrailer or mobile home occupied as a residence by the debtor or the debtor's family, except that it is not exempt from process, levy, or sale for taxes levied on it pursuant to chapter 57-55.

N.D.C.C. §28-22-03. Additional exemption for head of a family. In addition to the absolute exemptions mentioned in section 28-22-02, except in subsection 8 thereof, the head of a family, personally or by his agent, may select from his other personal property, any goods, chattels, merchandise, money, and other personal property not exceeding in value the sum of five thousand dollars, which also is exempt from all attachment or mesne process, levy and sale upon execution, and any other final process issued from any court.

N.D.C.C. §28-22-03.1. Additional exemptions for residents. In addition to the exemptions from all attachment or process, levy and sale upon execution, and any other final process issued from any court, otherwise provided by law, a resident of the state may select:

  1. In lieu of the homestead exemption, up to seven thousand five hundred dollars.
  2. A motor vehicle exemption not to exceed one thousand two hundred dollars, or a motor vehicle exemption not to exceed thirty-two thousand dollars for a motor vehicle that has been modified at a cost of not less than one thousand five hundred dollars to accommodate an individual with a permanent physical disability who is the owner of that motor vehicle.
  3. Pensions, annuity policies or plans, and life insurance policies that, upon the death of the insured, would be payable to the spouse, children, or any relative of the insured dependent, or likely to be dependent, upon the insured for support and which have been in effect for a period of at least one year; individual retirement accounts; Keogh plans, Roth individual retirement accounts under section 408A of the Internal Revenue Code [Pub. L. 105-34; 111 Stat. 825; 26 U.S.C. 408A], and simplified employee pension plans; and all other plans qualified under section 401 of the Internal Revenue Code [Pub. L. 83-591; 68A Stat. 134; 26 U.S.C. 401], and section 408 of the Internal Revenue Code [Pub. L. 93-406; 88 Stat. 959; 26 U.S.C. 408], and pension or retirement plans sponsored by nonprofit corporations or associations organized and operated exclusively for one or more of the purposes specified in 26 U.S.C. 501(c)(3), and proceeds, surrender values, payments, and withdrawals from such pensions, policies, plans, and accounts, up to one hundred thousand dollars for each pension, policy, plan, and account with an aggregate limitation of two hundred thousand dollars for all pensions, policies, plans, and accounts. The dollar limit does not apply to the extent this property is reasonably necessary for the support of the resident and that resident's dependents, except that the pensions, policies, plans, and accounts or proceeds, surrender values, payments, and withdrawals are not exempt from enforcement of any order to pay spousal support or child support, or a qualified domestic relations order under sections 15-39.1-12.2, 39-03.1-14.2, and 54-52-17.6. As used in this subsection, "reasonably necessary for the support" means required to meet present and future needs, as determined by the court after consideration of the resident's responsibilities and all the present and anticipated property and income of the resident, including that which is exempt.
  4. The debtor's right to receive, or property that is traceable to:
    a. A payment, not to exceed seven thousand five hundred dollars, on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
    b. A payment, not to exceed seven thousand five hundred dollars, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent.
    c. A social security benefit, except that the benefit is not exempt for enforcement of any order for the support of a dependent child.
    d. Veteran's disability pension benefits, not including military retirement pay, except that the benefits are not exempt from process levy or sale for enforcement of any order for the support of a dependent child.

N.D.C.C. §28-22-04. Specific alternative exemptions. Instead of the exemption granted in
section 28-22-03, the head of the family may select and choose the following property, which
then is exempt:

  1. All miscellaneous books and musical instruments for the use of the family not exceeding one thousand five hundred dollars in value.
  2. All household and kitchen furniture, including beds, bedsteads, and bedding used by the debtor and his family, not exceeding one thousand dollars in value, and in case the debtor owns more than five hundred dollars worth of such property, he shall select therefrom such articles to the value of one thousand dollars, leaving the remainder subject to legal process.
  3. Livestock and farm implements not exceeding four thousand five hundred dollars in value.
  4. The tools and implements of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and in addition thereto stock in trade not exceeding one thousand dollars in value. The library and instruments of any professional person not exceeding one thousand dollars in value.

N.D.C.C. §28-22-05. Exemptions of a single person. In addition to the absolute exemptions mentioned in section 28-22-02, except in subsection 8 thereof, a single person, in person or by his agent, may select from his other personal property, goods, chattels, merchandise, money, or other personal property not exceeding in value the sum of two thousand five hundred dollars, which is exempt.

Federally defined (bankruptcy law) exempt property

11 USC §522; more specifically, §522(d).

N.D.C.C. §28-22-17. Nonavailability of federal bankruptcy exemptions. In accordance with the provisions of section 522(b) of the Bankruptcy Reform Act of 1978 [Pub. L. 95-598; 92 Stat. 2586; 11 U.S.C. 522(b)], residents of this state are not entitled to the federal exemptions provided in section 522(d) of the Bankruptcy Reform Act of 1978. The residents of this state are limited to claiming those exemptions allowable by North Dakota law.

Exception to exempt status; when can a creditor seize exempt property --

N.D.C.C. §47-18-04. When homestead subject to execution. A homestead is subject to
execution or forced sale in satisfaction of judgments obtained in the following cases:

  1. On debts secured by mechanics' or laborers' liens for work or labor done or performed or material furnished exclusively for the improvement of the same.
  2. On debts secured by mortgage on the premises executed and acknowledged by both husband and wife, or an unmarried claimant.
  3. On debts created for the purchase thereof and for all taxes accruing and levied thereon.
  4. On all other debts when, upon an appraisal as provided by section 47-18-06, it appears that the value of said homestead is more than eighty thousand dollars over and above liens or encumbrances thereon, and then only to the extent of any value in excess of the sum total of such liens and encumbrances plus said eighty thousand dollars.
   
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