Bankruptcy Exemptions in New Hampshire
What property you can keep in bankruptcy in New Hampshire: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: $400,000 in a homestead (or interest in one) for a single person; when more than one person holds or claims the exemption, the total is capped at $550,000. RSA 480:1
| Homestead exemption | $400,000 in a homestead (or interest in one) for a single person; when more than one person holds or claims the exemption, the total is capped at $550,000. The home must have been used continuously as the primary residence for the previous 12 months; sale proceeds remain protected if reinvested in a new primary residence within 6 months. The right covers owned and occupied manufactured housing (but not land the owner doesn't also own), mobile homes, cooperatives and condominiums. The full market value may be claimed if the debt came from unpaid medical bills or other debts directly resulting from a terminal or catastrophic injury or illness. The statute sets a dollar limit, not an acreage limit. Amount set by 2025 ch. 282, effective January 1, 2026. Source: RSA 480:1 |
|---|---|
| Car exemption | One automobile up to $10,000 in value. Source: RSA 511:2, XVI |
| Wildcard exemption | The debtor's interest in any property up to $1,000, plus up to $7,000 of any unused amount of the exemptions for household furniture, provisions and fuel, books, tools of the trade, the automobile, and jewelry. Source: RSA 511:2, XVIII |
| Retirement accounts | Any interest in a retirement plan or arrangement qualified for tax exemption under federal law is exempt, subject to the Uniform Voidable Transactions Act. Examples listed include defined contribution and defined benefit plans, IRAs (including Roth and education IRAs), SEP and Keogh plans, 403(a) and 403(b) plans, and eligible state 457 deferred compensation plans. Rollovers between plans are not treated as fraudulent transfers. The exemption applies to debts arising after January 1, 1999. RSA 511:2 was amended by 2026 ch. 215, effective Aug. 31, 2026; the current text on the official site was read. Source: RSA 511:2, XIX |
| Wages | In trustee process (wage garnishment), wages for work done after the writ is served on the employer are exempt. Wages earned before service are also exempt, except in actions on a New Hampshire court judgment, where wages equal to 50 times the federal minimum hourly wage for each week are exempt. Money in an account designated as a payroll account is also exempt from trustee process. Source: RSA 512:21, I, II, XI |
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FAQ
How much home equity is protected in bankruptcy in New Hampshire?
$400,000 in a homestead (or interest in one) for a single person; when more than one person holds or claims the exemption, the total is capped at $550,000. The home must have been used continuously as the primary residence for the previous 12 months; sale proceeds remain protected if reinvested in a new primary residence within 6 months. The right covers owned and occupied manufactured housing (but not land the owner doesn't also own), mobile homes, cooperatives and condominiums. The full market value may be claimed if the debt came from unpaid medical bills or other debts directly resulting from a terminal or catastrophic injury or illness. The statute sets a dollar limit, not an acreage limit.
Can I keep my car in bankruptcy in New Hampshire?
One automobile up to $10,000 in value.
Does New Hampshire have a wildcard exemption?
The debtor's interest in any property up to $1,000, plus up to $7,000 of any unused amount of the exemptions for household furniture, provisions and fuel, books, tools of the trade, the automobile, and jewelry.
Are retirement accounts protected in bankruptcy in New Hampshire?
Any interest in a retirement plan or arrangement qualified for tax exemption under federal law is exempt, subject to the Uniform Voidable Transactions Act. Examples listed include defined contribution and defined benefit plans, IRAs (including Roth and education IRAs), SEP and Keogh plans, 403(a) and 403(b) plans, and eligible state 457 deferred compensation plans. Rollovers between plans are not treated as fraudulent transfers. The exemption applies to debts arising after January 1, 1999.
Are wages protected in bankruptcy in New Hampshire?
In trustee process (wage garnishment), wages for work done after the writ is served on the employer are exempt. Wages earned before service are also exempt, except in actions on a New Hampshire court judgment, where wages equal to 50 times the federal minimum hourly wage for each week are exempt. Money in an account designated as a payroll account is also exempt from trustee process.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.