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New Jersey Bankruptcy Exemptions

All law references are to New Jersey Bankruptcy Code.

All property of the debtor at the time of the filing for bankruptcy (and certain other property to be received in the future) becomes the property of the bankruptcy estate once bankruptcy is filed. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. HOWEVER, there is certain property which is either excluded or exempt which the debtor will be able to keep. Property or asset exemption are determined based upon your specific situation, personal income and the individual laws of your state.

The best way to determine which property you will be entitled to keep requires a detailed analysis of your unique and personal situation. Although the following Federal and State Bankruptcy Asset Exemption is provided for your information, we highly recommend Finding a Good Bankruptcy Attorney to help guide you through the Bankruptcy Process.

New Jersey Federal Bankruptcy Exemptions

ASSET EXEMPTION DESCRIPTION LAW SECTION

Retirement Benefits

CIA employees

50 § 403

 

Civil service employees

5 § 8346

 

Foreign service employees

22 § 4060

 

Military honor roll pensions

38 § 562

 

Military service employees

10 § 1440

 

Railroad workers

45 § 231m

 

Social Security

42 § 407

 

Veterans' benefits

38 § 3101

 

Veterans' medal of honor benefits

38 § 562

Survivor's benefits

Judges, US court directors, judicial center directors, supreme court chief justice administrators

28 § 376

 

Lighthouse workers

33 § 775

 

Military service

10 § 1450

Death & Disability Benefits

Government employees

5 § 8130

 

Longshoremen and harbor workers

33 § 916

 

War risk hazard death or injury compensation

42 § 1717

Miscellaneous

Klamath Indian tribe benefits for Indians residing in Oregon

25 § 543, 25 § 545

 

Military deposits in savings accounts while on permanent duty outside continental U.S.

10 § 1035

 

Military group life insurance

38 § 770(g)

 

Railroad workers' unemployment insurance

45 § 352(e)

 

Seamen's clothing

46 § 1110

 

Seamen's wages (while at sea) pursuant to a written contract

46 § 1111

 

75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors

15 § 1673