New Jersey Bankruptcy Exemptions

Bankruptcy promises a fresh start—and it works. You'll straighten out your finances and keep the things you need to work and live. But "exemption laws" protect essential property only, not unnecessary luxury goods. To prevent a costly property loss, you'll want to learn about:

• choosing between New Jersey's exemptions and the federal bankruptcy exemptions
• what will happen to property you can't protect with an exemption, and
• whether you've lived in New Jersey long enough to use New Jersey's bankruptcy exemptions.

The information below will help. If you'd like to check for other common issues in your bankruptcy case, try using the ten-question bankruptcy quiz—it will flag areas you'll want to look into further. Or, if you'd like an exemption overview, read Bankruptcy Exemptions – What Can I Keep When I File for Bankruptcy?

Filing for Bankruptcy in New Jersey

Bankruptcy is a federal process so it works the same way in every state. However, you'll use New Jersey state law to protect your property. Although most states don't allow filers to choose bankruptcy exemptions, New Jersey filers are fortunate because they have two choices—the state or the federal exemption system. You'll want to review each list carefully and compare it to the property you own because you can't use exemptions from both lists. If you decide to use New Jersey's state exemptions, you can also use the federal nonbankruptcy exemptions.

Our Exemption Analysis. New Jersey's exemptions don't protect as much property as other state exemptions, and most filers will do better using the federal bankruptcy exemptions. However, if you have significant equity in real estate held as tenancy by the entirety, you might be able to protect the entire property if only one spouse files for bankruptcy—check with a local bankruptcy attorney. (Analysis is for illustration purposes only and won't apply in all cases.)

Other New Jersey Bankruptcy Exemptions

Here are more New Jersey exemptions, but it's not an exhaustive list. As with all exemptions, be sure to check for current amounts and qualification requirements.

New Jersey Public and Charitable Benefit Exemptions

• 44:7-35 – Public assistance
• 34:15-29; 25:2-1 - Workers' compensation
• 43:21-53 - Unemployment compensation
• 52:4B-30 – Crime victims' compensation

New Jersey Insurance Exemptions

• A:9-57.6; App. A:9-57.6 - Civil defense workers' disability, death, medical or hospital benefits.
• 17:18-12, 17B:24-8 - Health and disability benefits.
• 17B:24-6b - Life insurance proceeds, dividends, interest, loan, cash, or surrender value, if not the insured.
• 17B:24-7 - Annuity contract proceeds up to $500 per month.
• 17B:24-9 - Group life or health policy or proceeds.
• 38A:4-8 - Military member disability or death benefits.
• 17:44B-1 - Fraternal benefit society benefits.

Miscellaneous New Jersey Exemptions

• 42:1A-11 – Business partnership property
• 2A:17-56 - 90% of wages if income is less than $7,500
• 38A:4-8 - Wages, disability, death benefits, or allowances received by military personnel

What Happens to Property You Can't Exempt in a New Jersey Bankruptcy?

It will depend on the chapter you file. In Chapter 7 bankruptcy, you lose property not covered by an exemption. The bankruptcy trustee responsible for managing your case will sell the property for the benefit of your creditors. In Chapter 13 bankruptcy, you can keep all of your property; however, that luxury comes at a price—literally. You'll pay your creditors the value of any property not covered by an exemption in your Chapter 13 repayment plan.

For example, say you own a car outright worth $3,000, and your state has a vehicle exemption of up to $5,000. Here's what would happen in each chapter.

• Chapter 7 Bankruptcy. If you file for Chapter 7 bankruptcy, you will get to keep your car because the exemption would protect the equity fully. In the same example, if your vehicle were worth $15,000, the bankruptcy trustee would sell your vehicle, pay you $5,000 for the exemption, and distribute the rest to your unsecured creditors.
• Chapter 13 Bankruptcy. In Chapter 13, you wouldn't need to pay extra to your creditors through your repayment plan. However, if the car were worth $15,000, you'd need to pay your creditors at least $10,000 (minus sales costs) through your plan.

Keep in mind that these examples don't take into account a vehicle loan. You'll find more information below.

Need Background Info?

• Learn about the differences between Chapter 7 and 13 bankruptcy.
• See if you qualify to erase debt in a Chapter 7 case.
• Find out how Chapter 13 solves more problems than Chapter 7.

Protecting a Financed Home or Car in a New Jersey Bankruptcy

Many people wonder if they can wipe out a home mortgage or car loan and keep the property without paying anything more. The simple answer is "No." Protecting the equity with an exemption will keep the Chapter 7 trustee from selling it, and you won't have to pay extra to keep it in Chapter 13, but there are more steps to take.

First, in a Chapter 7 case, the mortgage or car payment will need to be current. Second, you'll need to be able to continue to make the payment. Why? Because when you purchased it, you gave the lender a property "lien." The lien created a secured debt that allows the lender to take back the property if you don't pay as agreed—even in bankruptcy. So if you're behind on the payment and file for Chapter 7, you'll lose the property. Instead, consider catching up on arrearages in Chapter 13.

For more information, read about how mortgages work in bankruptcy and how to file for bankruptcy without losing a car.

New Jersey Bankruptcy Exemption Timing Rules

It's tempting to move to a state with significantly more generous bankruptcy exemptions when filing for bankruptcy. But it doesn't work that way. To prevent people from abusing the system, filers must live in the state for at least two years—otherwise, they must use the previous state's exemptions. Here's how it works.

• If you've made your permanent home (your "domicile") in your current state for at least two years, you can use the state's exemptions (or the federal exemptions if allowed).
• If your domicile hasn't been in the same state for two years, the rules get more complicated, so prepare yourself. In fact, it sounds so strange we'll explain it in three different ways so you know you didn't read it wrong. Here goes: You'll choose the state that you lived in the longest during the 180 days immediately before the two years before filing.

Did you get that? If not, here's a way to figure it out. Count back two-and-a-half years. Then ask yourself where you lived the longest during the first six months of that two-and-a-half-year period.

Still confused? Let's try an example. Suppose you planned to file on January 1, 2022. Your two-and-a-half-year period would start July 1, 2019, and you'd qualify to use the exemptions of whichever state you resided in the most during the July 1, 2019, through December 31, 2019 period. You wouldn't have to file your case there, but you'd use that state's exemptions. Hopefully, that helps!

Special Homestead Exemption Rules

The homestead exemption protects your ownership interest in your home. You'll need to read your state's homestead statute to determine the specifics, such as the amount of equity and acreage covered, whether the exemption protects a manufactured home, and if you need to file a homestead exemption with the county clerk. But in all states, the property must be your residence. Also, you'll need to comply with a federal timing law—here's the rule:

You must live in the home for more than 40 months before filing for bankruptcy. Otherwise, your homestead exemption is capped at $170,350 if you file on or after April 1, 2019 (the amount changes every three years). This cap won't apply if you bought your home with home sales proceeds from that state.

Find out more in Chapter 7 Homestead Exemption in Bankruptcy.

Navigating Your New Jersey Bankruptcy Case

Bankruptcy is an unusual area because it's essentially a qualification process. The laws provide instructions for completing a 50- to 60-page bankruptcy petition, and because all rules apply in every case, you can't skip a step.

One way to keep track of your research is to use the bankruptcy forms as an outline. You'll find links to the exemption-related bankruptcy forms and other exemption resources in the chart below. You can also look at the list of Chapter 7 and 13 bankruptcy forms to see where this topic fits in the bankruptcy scheme. And this handy bankruptcy document checklist will help you gather the things you'll need to complete the petition.

Need More Info?

We want to help you find the answers you need. Go to TheBankruptcySite for more easy-to-understand bankruptcy articles, or consider buying a self-help book like The New Bankruptcy by Attorney Cara O'Neill.

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by consulting with a local bankruptcy lawyer.

Updated September 16, 2021