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Maine law

Bankruptcy Laws in Maine.

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

State law

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers are 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 receiving a discharge.

Means Test

Chapter 7 filers must pass a means test comparing their income to Maine’s median income to determine eligibility.

State law

Key Maine Statutes

Homestead Exemption14 M.R.S. § 4422(1)

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.

Motor Vehicle Exemption14 M.R.S. § 4422(2)

Protects up to $10,000 of equity in one motor vehicle.

Personal Property Exemptions14 M.R.S. § 4422

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 Account Exemptions14 M.R.S. § 4422(13-A)

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.

State Exemptions Only (Federal Opt-Out)14 M.R.S. § 4426

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Maine.

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