Maine Bankruptcy Laws
Bankruptcy is governed by federal law, but Maine state law determines property exemptions. Maine has opted out of the federal exemption scheme, so filers must use Maine’s state exemptions. Maine’s homestead exemption protects up to $80,000 of equity in a primary residence ($160,000 for joint filers, seniors 60+, or disabled persons). Exemption amounts are automatically adjusted for inflation every 3 years.
Last verified: 2026-02-25
Filing Requirements
Federal filing fee for Chapter 7 bankruptcy. Fee waivers are available for qualifying low-income filers.
Federal filing fee for Chapter 13 bankruptcy.
You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before receiving a discharge.
Chapter 7 filers must pass a means test comparing their income to Maine’s median income to determine eligibility.
Key Maine Statutes
Protects up to $80,000 of equity in your primary residence (house, mobile home, co-op, or condominium). The exemption increases to $160,000 if you have minor dependents, are age 60 or older, or are physically or mentally disabled. Amounts are adjusted for inflation every 3 years.
Protects up to $10,000 of equity in one motor vehicle.
Protects household furnishings and appliances ($200 per item), clothing, tools of trade ($9,500 aggregate), jewelry ($1,000; wedding/engagement rings to $4,000), personal injury awards ($20,000), and cash/bank accounts ($3,000).
Retirement funds including IRAs, 401(k)s, and pensions are exempt up to $1,054,550 in aggregate. ERISA-qualified plans have additional federal protections.
Maine has opted out of the federal bankruptcy exemptions under 11 U.S.C. § 522(d). Filers must use Maine’s state exemptions as set forth in § 4422.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Maine State Legislature — Exemptions. For advice about your specific situation, consult a licensed attorney.
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