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Minnesota Bankruptcy Laws

Bankruptcy is governed by federal law, but Minnesota state law determines which property exemptions apply when filing. Minnesota offers its own set of exemptions that filers must use instead of the federal exemptions — a choice available in some states but not Minnesota. Minnesota's homestead exemption is generous, protecting up to $450,000 of equity in a primary residence.

Last verified: 2025-02-24

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Means Test

Chapter 7 filers must pass a means test comparing their income to Minnesota's median income. As of 2024, the median for a single filer is approximately $60,000.

Key Minnesota Statutes

Homestead ExemptionMinn. Stat. § 510.01–.02

Protects up to $450,000 of equity in your primary residence (up to 160 acres outside a municipality). This is one of the more generous homestead exemptions in the country.

Personal Property ExemptionsMinn. Stat. § 550.37

Protects household furniture and appliances, clothing, food, one motor vehicle (up to $5,000 equity or $50,000 if modified for disability), tools of trade, and other personal property.

Retirement Account ExemptionsMinn. Stat. § 550.37, subd. 24

IRAs, 401(k)s, pensions, and other qualified retirement accounts are fully exempt from creditors in Minnesota bankruptcy.

Wage Garnishment LimitsMinn. Stat. § 571.922

Minnesota limits wage garnishment to 25% of disposable earnings or the amount by which weekly earnings exceed 40 times the federal minimum wage, whichever is less.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Minnesota Revisor of Statutes. For advice about your specific situation, consult a licensed attorney.

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