New Mexico law
Bankruptcy Laws in New Mexico.
New Mexico allows debtors to choose between state and federal bankruptcy exemptions — a significant advantage for filers. The state homestead exemption is $150,000 ($300,000 if a spouse died within 2 years). Vehicle exemption is $10,000, with $75,000 for household goods. Exemption amounts are adjusted for inflation every odd-numbered year starting July 1, 2025. Debtors who do not own a homestead get a $15,000 exemption in lieu of the homestead.
Last verified: 2026-02-25
State law
Key New Mexico Statutes
Protects up to $150,000 in equity in the debtor's primary residence. If the debtor's spouse died within 2 years of the claim date, the exemption increases to $300,000. Exempt from attachment, execution, foreclosure, and bankruptcy proceedings. Amounts are subject to inflation adjustment every odd-numbered year starting July 1, 2025.
Any resident who does not own a homestead may exempt $15,000 in real or personal property in lieu of the homestead exemption.
Protects up to $10,000 in aggregate interest in motor vehicles.
Household goods and furnishings: $75,000 aggregate. Jewelry (wedding/engagement rings plus additional): $5,000 aggregate. These amounts are subject to inflation adjustments.
New Mexico allows debtors to choose either state exemptions or the federal bankruptcy exemption set (but not both). The federal wildcard exemption is approximately $1,675 plus up to $15,800 of unused homestead exemption (total ~$17,475). Choosing between state and federal depends on the debtor's specific asset profile.
Life insurance proceeds, health/disability insurance, workers' compensation benefits, unemployment compensation, and public assistance benefits are exempt from bankruptcy proceedings.
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 New Mexico.
More in New Mexico
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws