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Bankruptcy in North Carolina: Exemptions and Filing Guide

State-specific bankruptcy exemptions and filing information for North Carolina. These exemptions determine what property you can keep when filing Chapter 7 bankruptcy.

Data last updated: Jan 15, 2025

Key Takeaways

  • Homestead exemption: $35,000 ($60,000 if 65+ and spouse is deceased).
  • Vehicle exemption: $3,500.
  • Must use state exemptions (no federal option).
  • Attorney fees: $1,000–$1,800 (Ch. 7) / $2,500–$4,000 (Ch. 13) typical.
$35,000 ($60,000 if 65+ and spouse is deceased) Homestead exemption
$3,500 Vehicle exemption
No Federal option
$338 (Chapter 7) / $313 (Chapter 13) Filing fee

North Carolina Bankruptcy Exemptions

  • Homestead$35,000 ($60,000 if 65+ and spouse is deceased)
  • Vehicle$3,500
  • Personal property$5,000 household goods; $1,000 jewelry
  • Wildcard$5,000 (unused portion of homestead up to $5,000)
  • Federal exemptionsNot available

Means Test: North Carolina Median Income

To qualify for Chapter 7 in North Carolina, your income must be below the state median or you must pass the means test showing no disposable income for creditors.

  • 1 person$55,400
  • 2 people$69,200
  • 3 people$78,800
  • 4 people$92,400

Filing Costs

  • Court filing fee$338 (Chapter 7) / $313 (Chapter 13)
  • Typical attorney fee$1,000–$1,800 (Ch. 7) / $2,500–$4,000 (Ch. 13)
  • Court districtsEastern, Middle, and Western Districts of North Carolina

North Carolina bankruptcy court

Related Resources

Frequently Asked Questions

  • What is the homestead exemption in North Carolina?

    North Carolina provides a $35,000 homestead exemption, increasing to $60,000 if you are 65 or older and your spouse is deceased.

  • Does North Carolina allow federal exemptions?

    No. North Carolina requires debtors to use the state exemption system.

  • What is the wildcard exemption in North Carolina?

    North Carolina allows you to apply up to $5,000 of any unused homestead exemption to other property.

  • How is credit counseling handled in North Carolina?

    All bankruptcy filers must complete credit counseling from an approved provider within 180 days before filing and a debtor education course before receiving a discharge.

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