Filing Bankruptcy in North Carolina: Means Test, Exemptions and Courts

North Carolina has 3 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Eastern District of North Carolina (https://www.nceb.uscourts.gov/); Middle District of North Carolina (https://www.ncmb.uscourts.gov/); Western District of North Carolina (https://www.ncwb.uscourts.gov/).

Median family income for North Carolina: 1 person $67,117; 2 people $84,384; 3 people $101,535; 4 people $116,737; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

North Carolina has opted out of the federal bankruptcy exemptions. The federal exemption list in 11 U.S.C. 522(d) does not apply to North Carolina residents; they use the exemptions in North Carolina law instead. Within state law, a filer may choose the much smaller exemptions in Article X of the North Carolina Constitution ($1,000 in a home and $500 in personal property) instead of the G.S. 1C-1601 list.

Up to $35,000 in value in real or personal property that the filer or a dependent uses as a residence (including an interest in a housing cooperative), or in a burial plot. An unmarried filer age 65 or older may protect up to $60,000 if the property was previously owned with a now-deceased co-owner as tenants by the entireties or joint tenants with right of survivorship. There is no acreage limit; the limit is by dollar value.

Up to $3,500 in value in one motor vehicle.

Up to $5,000 in any property, taken from any unused part of the residence (homestead) exemption.

North Carolina exempts individual retirement plans as defined in the Internal Revenue Code, including traditional and Roth IRAs, individual retirement annuities and 408(c) trust accounts, and they stay exempt when inherited by beneficiaries through a direct transfer or eligible rollover (such as an inherited IRA). Retirement benefits under plans of other states and their governmental units are exempt to the extent the other state exempts them.

The exemption list in G.S. 1C-1601 has no specific wage exemption. A separate statute says the filer's earnings for personal services in the 60 days before a court order cannot be applied to a judgment when it appears, by affidavit or otherwise, that the earnings are needed to support a family that depends wholly or partly on the filer's work. G.S. 1C-1601(f) says North Carolina's other statutory exemptions also apply in bankruptcy.

North Carolina has three bankruptcy courts. Eastern District (Raleigh): its Filing Without an Attorney section offers a Pro Se Guide (updated September 2025), pro se videos, an Adversary Proceeding Primer, a reaffirmation agreement package, guidance on using AI to prepare court documents, and online petition filing through eSR for Chapter 7 or 13; the case is not filed until the signed Declaration Regarding Electronic Filing, Statement of Social Security Number and fee (or fee application) are mailed or hand-delivered. The guide says North Carolina exemptions are claimed on the court's Local Form 2 (Schedule C) under Local Rule 4003. Chapter 11 debtors must have a lawyer (Local Rule 2090-1). Middle District: its Pro Se Filing page stresses credit counseling and debtor education and links to two Self-Representation Guides (a detailed guide and a shorter guide with filing checklists). Western District (Charlotte): its Filing Without an Attorney page links Local Pro Se Guidelines, Chapter 7 and Chapter 13 checklists and case-flow charts, and explains filing online through eSR, by mail, or in person; every petition must include a creditor matrix (without account numbers).

Eastern District of North Carolina: the court's announcement of its Administrative Order on Compensation of Professionals (posted December 4, 2015) states that amendments to Local Rule 2016-1 and the Administrative Guide to Practice and Procedure include "an increase in the chapter 13 standard base fee from $3,700 to $5,000." A separate General Order (entered January 2, 2024) sets presumptive chapter 13 non-base fees effective January 1, 2024 of $600.00 each for listed debtor motions (e.g., turnover, lien avoidance (one per case), sale of property, defense of stay relief motions, hardship discharge, valuing collateral and avoiding a mortgage). Middle District of North Carolina: Standing Order 23-02 sets the presumptive base fee for chapter 13 cases filed on or after July 7, 2023 at $5,200 for below-median income debtors ($5,700 if the responsible attorney(s) attended at least 7 hours of bankruptcy-related CLE in the 12 months before the petition) and $5,500 for above-median income debtors ($6,000 with the same CLE), covering the usual and ordinary services from preparing the petition through closure of the case; if the total to be paid into the plan is less than $7,000, the presumptive fee is capped at $2,500. Listed non-base services carry separate presumptive fees (e.g., $500 for a motion to modify a chapter 13 plan). Western District of North Carolina: the court's notice of local rule changes effective May 1, 2026 (Administrative Order 1110) states that "The presumptive base fee for Chapter 13 debtor's attorneys will increase from $5,000 to $7,000."