Maine Bankruptcy Exemption Worksheet

Maine Bankruptcy Exemption Worksheet

Part 1. Debtor and Case Information

Part 2. Domicile and Eligibility Check (11 U.S.C. § 522(b)(3)(A))

Confirm Maine exemptions apply. Complete each item:

☐ Debtor's domicile has been Maine for the entire 730 days before the petition date.

☐ If domicile changed within the 730-day window, debtor was domiciled in Maine for the greater part of the 180-day period preceding the 730-day period.

☐ Debtor has NOT acquired property within the last 1,215 days that would invoke the § 522(p) cap on the homestead exemption beyond [$_______].

☐ Maine state exemptions under 14 M.R.S. § 4422 are the controlling state-law exemption set (federal § 522(d) is unavailable per 14 M.R.S. § 4426).

☐ Federal nonbankruptcy exemptions under 11 U.S.C. § 522(b)(3)(B) and (C) (e.g., ERISA-qualified retirement plans, Social Security, certain federal benefits) remain available IN ADDITION to Maine exemptions.

Part 3. Spousal Doubling Notice (14 M.R.S. § 4422-A)

In a joint case, both spouses may each claim the exemptions in 14 M.R.S. § 4422 to the extent each has an ownership interest in the property, EXCEPT the residence (homestead) exemption, which is structured as a per-residence cap with a special joint-ownership rule (see Part 4).

☐ Single filing — no doubling.

☐ Joint filing — each non-homestead exemption may be claimed once per spouse who owns an interest.

Part 4. Residence (Homestead) Exemption — 14 M.R.S. § 4422(1)

Maine's homestead exemption applies to the debtor's aggregate interest in real or personal property used as the debtor's principal residence (or that of a dependent), and may include a burial plot.

Worksheet 4-A — Compute Homestead Equity

Worksheet 4-B — Determine Applicable Cap

☐ Standard cap — $80,000 — debtor under 60 and not disabled, no minor dependent in residence.

☐ Enhanced cap — $160,000 — debtor or dependent is 60+ OR disabled per § 4422(1)(B).

☐ Enhanced cap — $160,000 — minor dependent resides in the home per § 4422(1)(A).

☐ Joint co-ownership rule applied: lesser of $80,000 or (fractional share × $160,000) = [$____________].

Exemption claimed on Schedule C, Line 1 (Homestead): [$________________]

Unused homestead amount available for spillover under § 4422(16): [$________________] (cap is $10,500 of unused homestead, applied to household goods or tools of the trade — see Part 13).

Part 5. Motor Vehicle — 14 M.R.S. § 4422(2)

Debtor's aggregate interest, not to exceed $10,000 in value, in one motor vehicle.

☐ Only one vehicle is claimed under § 4422(2). Additional vehicles, if any, must be exempted under another subsection or wildcard (Part 13).

Part 6. Household Goods — 14 M.R.S. § 4422(3)

Debtor's aggregate interest, not to exceed $500 in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments held primarily for personal, family, or household use.

Part 7. Jewelry — 14 M.R.S. § 4422(4)

Part 8. Tools of the Trade — 14 M.R.S. § 4422(5)

Debtor's aggregate interest, not to exceed $9,500 in value, in any implements, professional books, or tools of the trade of the debtor or a dependent.

☐ Tools of trade includes commercial fishing equipment claimed separately under § 4422(9) (boat up to 46 feet) — see Part 11.

Part 9. Heating Equipment, Fuel, Provisions, Farm — 14 M.R.S. § 4422(6)–(8)

Part 10. Commercial Fishing Boat — 14 M.R.S. § 4422(9)

☐ Debtor claims one commercial fishing boat not exceeding 46 feet in length under § 4422(9).

Part 11. Logging Implements — 14 M.R.S. § 4422(9-A)

☐ Debtor claims professionally used logging implements under § 4422(9-A).

Part 12. Life Insurance, Annuities, Health Aids — 14 M.R.S. § 4422(10)–(12)

Part 13. Pensions, Public Benefits, Disability — 14 M.R.S. § 4422(13)

The following are fully exempt under § 4422(13) to the extent reasonably necessary for the support of the debtor and dependents (where the statute so qualifies):

☐ Social Security benefits — full (also protected by 42 U.S.C. § 407 nonbankruptcy)

☐ Unemployment compensation

☐ Public assistance benefits

☐ Veterans' benefits

☐ Disability, illness, or unemployment benefits

☐ Alimony, support, separate maintenance — to the extent reasonably necessary

☐ Pensions, annuities, qualified retirement plans — to the extent reasonably necessary (note: ERISA-qualified plans are also fully excluded from the bankruptcy estate under Patterson v. Shumate, 504 U.S. 753 (1992))

Part 14. Retirement Funds — 14 M.R.S. § 4422(13-A)

Retirement funds in tax-qualified plans under IRC §§ 401, 403, 408, 408A, 414, 457, or 501(a) are exempt up to $1,054,550 in the aggregate (subject to CPI adjustment).

Part 15. Awards, Insurance Proceeds, Personal Injury — 14 M.R.S. § 4422(14)

Part 16. Wildcard and Unused Homestead Spillover — 14 M.R.S. § 4422(15) and (16)

Part 17. Cash and Deposit Accounts — 14 M.R.S. § 4422(17)

Up to $3,000 in cash, deposit accounts, or proceeds traceable to exempt property.

Part 18. Wages and Earnings (Nonbankruptcy / Pre-Petition Earned)

Maine does not include a stand-alone wage exemption inside § 4422; wage protection arises from federal CCPA limits and Maine's consumer-credit garnishment cap.

Disposable earnings calculation (last full workweek before petition):

Part 19. Federal Nonbankruptcy Exemptions — 11 U.S.C. § 522(b)(3)(B), (C)

In addition to Maine state exemptions, the debtor may claim:

☐ ERISA-qualified retirement plans (also excluded as estate property under 11 U.S.C. § 541(c)(2))

☐ Social Security benefits — 42 U.S.C. § 407

☐ Veterans' benefits — 38 U.S.C. § 5301

☐ Civil service retirement — 5 U.S.C. § 8346

☐ Railroad retirement — 45 U.S.C. § 231m

☐ Federal employees' retirement — 5 U.S.C. § 8470

☐ Foreign service retirement — 22 U.S.C. § 4060

☐ Longshore and harbor workers' compensation — 33 U.S.C. § 916

☐ Seamen's clothing, wages, and personal injury awards — 46 U.S.C. § 11109

☐ Other federal nonbankruptcy exemption: [____________________________________________]

Part 20. Summary — Schedule C Crosswalk

Part 21. Debtor's Verification

I declare under penalty of perjury under the laws of the United States and the State of Maine that the property values listed above are true and correct to the best of my knowledge, that I have lived in Maine in compliance with the 11 U.S.C. § 522(b)(3)(A) domicile requirement, and that I am claiming the Maine state exemptions under 14 M.R.S. § 4422 because Maine has opted out of federal § 522(d) exemptions per 14 M.R.S. § 4426.

Part 22. Attorney Verification (if represented)

I have reviewed the debtor's exemption claims and, based on the information provided to me by the debtor and a reasonable inquiry, I believe the claims comply with 14 M.R.S. § 4422, 14 M.R.S. § 4426, and applicable federal bankruptcy law.

Sources and References

• 14 M.R.S. § 4422 — Exempt property: https://legislature.maine.gov/statutes/14/title14sec4422.html
• 14 M.R.S. § 4426 — Exemptions in bankruptcy proceedings: https://legislature.maine.gov/statutes/14/title14sec4426.html
• 9-A M.R.S. § 5-105 — Limitation on garnishment: https://legislature.maine.gov/statutes/9-A/title9-Asec5-105.html
• 11 U.S.C. § 522 — Exemptions: https://www.law.cornell.edu/uscode/text/11/522
• 15 U.S.C. § 1673 — Restriction on garnishment (CCPA): https://www.law.cornell.edu/uscode/text/15/1673
• U.S. Bankruptcy Court for the District of Maine: https://www.meb.uscourts.gov