laws of Minnesota" width="" height="" />If you are sure you are doing a Chapter 13 in Minnesota, you still should not skip this page. At first glance the question of what assets can be claimed as exempt appears to be primarily about Chapter 7. The theory of a Chapter 7 is that all your assets are liquidated by the Trustee and distributed to the creditors. BUT the Trustee can only have assets which are not exempt. So one of the most important issues in Chapter 7 is what assets can the debtor claim as exempt. In many cases the debtor can claim everything or nearly everything he or she has as exempt. This results in the Chapter 7 debtor being able to keep everything or nearly everything he or she has.
In Chapter 13 the exemptions play an important role, although it is more indirect. For the most part, Chapter 13 only concerns cash flow and not assets. The exception is the "best interests of the creditor" rule. This rule says that the payments under a Chapter 13 must total at least as much as the creditors would have received if the case had been a Chapter 7. So the analysis of the assets and exemptions still has to be done just as if it was going to be a Chapter 7. But in a Chapter 13, if there are non-exempt assets, the Trustee doesn't just grab the assets. The Trustee only has to make sure that the payments under the plan add up to a figure which is equal to or greater than the amount of any assets which may be non-exempt.
Here's a video on this topic which I posted on youtube quite a while ago. The ideas expressed in the video are good, but the numbers I used are now out of date. The dollar values of the exemptions referred to in this video have increased quite a bit. Also, in 2024 our legislature updated and added a large number of items to the state list of what is exempt. Updated exemption values and categories are listed below on this page.
In the good old days, a debtor could engage in exemption shopping by moving from state to state to find the best list of exemptions. Minnesota's is actually one of the better choices. With the help of credit industry lobbyists, Congress in passing the 2005 law has attempted to put an end to this practice. They are making it much more difficult by imposing more stringent domicile requirements.
So lets say you moved to Minnesota from Colorado a few months ago. Since you have been here for over three months, Minnesota is where you are required to file your bankruptcy. However, the domicile requirements of the 2005 law say we have to look back 24 months from the date of filing, and then look at the six month period before that. Where you lived for the majority of the time in that six month period determines which state's exemption laws apply.
An important exception to this rule developed when lawyers started to figure out that most states have provisions in their exemption laws which say one of two very important things: 1) that you can only exempt property located in that state or 2) the exemptions only apply to residents of that state. This means that if you are now living in Minnesota and if you have all your property in Minnesota, it's impossible to use the exemption statutes of your former state. If you are unable to use the state exemptions of any state because of the domicile requirements, then a provision of the bankruptcy statute says you get to use the federal exemptions. So in almost every case I have where somebody has just moved to Minnesota from some other state, it is possible to use the federal exemptions. For most of my clients this solves the problem.
Besides the where were you living years ago question, there are also several restrictions in the 2005 law that apply when claiming a homestead as exempt. The two most important ones seem to be the following:
1. Before you can claim Minnesota's full $510,000 of equity homestead exemption, you have to have lived in Minnesota in that homestead for at least 1,215 days - about three and a third years. Prior to that you are limited to exempting $189,050.00 of equity, provided that you have been here long enough to use the exemptions under Minnesota statutes. The foregoing $189,050 figure is based on a Judicial Conference update effective April 1, 2022. It's adjusted every three years and is due to be adjusted again on April 1, 2025.
2. In a state exemption case the bankruptcy trustee can look back ten years for transactions in which assets which would not otherwise have been exempt are converted to homestead equity. For example, let's say you sell your cabin up north and use the proceeds to pay down the balance owing on your homestead mortgage. This would be trying to change what had been non-exempt equity in the cabin into exempt equity in the homestead. If the bankruptcy trustee can show that the asset conversion was done with the intent to hinder and delay creditors, then part of the homestead exemption could be lost.
There is a list of exemptions provided by federal law. BUT this list can only be chosen by debtors in states where the legislature has passed a law which "opts in" to the list. Each state gets to decide if this federal list is available for bankruptcy filers in that state. Last time we counted, fifteen states have "opted in" including Minnesota. Bankruptcy is a matter of federal law, but Congress has decided to allow state legislatures to mess with this piece of it. You have the option to use the federal exemption list in Minnesota if:
1. You qualify as being domiciled in Minnesota - see the where were you during the six months before two years ago rule above - or;
2. During the six months before two years ago you were living in a state which has opted in, such as Texas or Washington.
3. During the six months before two years ago you were living in a state where the exemption laws specifically provide that they can't be used by people residing outside the state or can't be applied to property outside that state. Kansas appears to be one such state.
So, PROVIDED that you qualify to use the exemptions available under Minnesota law, there are two completely different lists of exempt assets from which you must choose, one provided by state law and one provided by federal law. The debtor must choose which list he or she is going to use, and then use that list exclusively. Choose well. There can be no crossover between the two lists. In Minnesota it is usually best to use the federal list except in cases where the debtor has a lot of equity in a homestead.
The Minnesota homestead exemption is bigger and better than what is allowed under the federal exemptions. Other than in that circumstance, for Minnesota residents the federal list is usually more protective. In large part this is because the federal list contains a catch-all where one can claim anything which may not be exempt under one of the specific provisions.
In joint bankruptcies the following amounts claimable under the federal exemptions can usually be claimed by each of the joint debtors. This does not mean that the exemptions double in joint cases, but sometimes depending on the circumstances the effect is AS IF they have doubled or nearly doubled. Including the most recent increases as of April 2022, the following is a summary of what may be claimed by an individual petitioner under the federal list:
1. $27,900 of equity in the debtor's primary residence.
2. $14,875 of household goods, furnishings and appliances, provided that no single item is valued at over $700.
3. The debtor's interest of up to $4,450. in one motor vehicle.
4. Jewelry of a value up to $1,875.
5. Tools of the trade or business of debtor having a value of up to $2,800.
6. Cash value of life insurance up to $14,875.
7. Professionally prescribed health aids - no dollar limit.
8. Social security benefits, disability benefits, most pension benefits, and child support or alimony - no dollar limits.
9. Personal injury claims having a value of up to $27,900, not including pain and suffering or "actual pecuniary loss."
10. The catch-all: any other assets up to $1,475 in value plus up to another $13,950 of value if the homestead exemption was not fully utilized. For someone with no equity in their home, this can total $15,425.
The federal exemption numbers are scheduled to be updated - increased I hope - again in April of 2025.
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Our Minnesota legislature has been very busy here in 2024. Much needed increases and additions to the state exemptions have finally been passed, effective for the most part on August 1st. As with many laws that are brand new, there is some language where I'm not sure what it means. All I can say is that here I am attempting to summarize what it looks like to me and I might get a thing or two wrong. It remains to be seen exactly how the new provisions are going to play out in practice.
I f you choose to use the Minnesota state exemptions, here is a somewhat incomplete llist of what in my OPINION the new law says is exempt:
1. The family Bible, Torah, Qur'an, prayer rug, and other religious items in an aggregate amount not to exceed $2,000 in value. (550.3, Subd. 2)
2. A personal library in an aggregate amount not exceeding $750. (Subd. 2a)
3. Musical instruments in an aggregate amount not exceeding $2,000. (Subd. 2b)
4. Family pets in an aggregate amount not exceeding $1,000. (Subd. 2c)
5 . All public assistance based on needs and the earnings or any person who is a recipient of public assistance. (Subd. 14)
6 . A seat or pew in any house or place of public worship and a lot in any burial ground. (Subd. 3)
7. All wearing apparel, one watch, utensils and foodstuffs of the debtor and debtor's family. (Subd. 4a )
8 . Household furniture, household appliances, radios, computers, tablets, televisions, printers, cell phones, smart phones, and other consumer electronics of the debtor and the debtor's family not exceeding $11,250 in value. (Subd. 4b) Also household tools and equipment - such as lawn mowers and snow blowers - not to exceed the amount of $3,000. (Subd. 27)
9. 75%, 85% or even 90% of debtor's disposable earnings, based on a complicated sliding scale depending on how much is earned compared to the minimum wage. (571.922) These limits don't apply to child support.
10. The debtor's homestead including 160 acres of land. Whether claimed jointly or individually, the value of the claimed homestead exemption may not exceed $510,000 or, if the homestead is used primarily for agricultural purposes, $1,275,000. The homestead exemption does not apply to mortgages or mechanic's liens. (510.02)
11. Farm machines and implements not exceeding a value of $13,000. But watch out, there's a limitation on this if you try to combine it with the tools for the trade exemption.
12. Debtor's interest in jewelry up to a value of $3,062.50.
13. Tools, implements, machines, instruments, office furniture, stock in trade and library reasonably necessary in the trade, business or profession of the debtor not exceeding $13,500 in value.
14. The library or apparatus used in the instruction of youth in any university, college or seminary which is open to the public.
15. A manufactured home inhabited as a home by the debtor.
16. One motor vehicle to the extent of a value not exceeding $10,000. This number may be higher if the vehicle has been modified to accommodate someone with a physical disability. If the vehicle is used in connection with your trade or business, then the exemption is $12,500. (Subd. 12a)
17. Cash value of an unmatured life insurance policy up to $10,000, provided that the Debtor owns the policy and the insured is either the Debtor or an individual of whom the debtor is a dependent. (Subd. 23)
18. Employment benefits under a stock bonus, pension, profit sharing, annuity, individual retirement account or similar plan on account of illness, disability, death, age or length of service up to $81,000 and "additional amounts . to the extent reasonably necessary for the support or the debtor and any spouse or dependent of the debtor." (Subd. 24)
19. Health savings accounts and medical savings accounts up to a value of $25,000. (Subd. 26)
20. Last but not least. Here's what might be the best thing given to us by the legislature in 2024: a wild card exemption, which can only be used in bankruptcy, in the amount of $1,500. If you are filing a bankruptcy, this can be used to exempt up to another $1,500 of any asset that doesn't fit under one of the other categories.
Each case is different, and you should consult your attorney concerning the specifics of your case. The entire area is extremely tricky, quirky and sensitive, and this summary of necessity leaves out a great deal of detail. The newer provisions have not yet been interpreted in court, meaning that my interpretation of what they mean could be off a bit.
The Minnesota exemptions are usually updated every two years in even numbered years on July 1st, unless the change would be less than 10%. Apparently the adjustments are based on gross domestic product statistics. The above numbers include the most recent updates which became effective July 1, 2024. The next updates should be in 2026.
Kelly Law Office
10520 Wayzata Blvd. #100
Minnetonka, MN 55305
952-544-6356
