North Carolina law
Bankruptcy Laws in North Carolina.
Bankruptcy is governed by federal law, but North Carolina determines property exemptions. NC requires debtors to use state exemptions — debtors cannot opt for federal exemptions. The homestead exemption is $35,000 (increases to $60,000 for surviving spouses age 65+). NC has a useful wildcard provision: up to $5,000 of unused homestead exemption can be applied to any property.
Last verified: 2026-02-25
State law
Filing Requirements
Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for those below 150% of the poverty line.
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 discharge.
You must have been domiciled in NC for at least 730 days (2 years) before filing to use NC exemptions. Otherwise, you use exemptions from the state where you were domiciled for the majority of the 180 days preceding the 2-year period.
State law
Key North Carolina Statutes
Protects up to $35,000 in equity in real or personal property used as a residence. Increases to $60,000 for surviving spouses age 65 or older.
Protects up to $3,500 in equity in one motor vehicle.
Up to $5,000 of unused homestead or burial exemption can be applied to any property (wildcard). An additional $500 wildcard is also available.
Protects up to $5,000 in household goods, furnishings, and wearing apparel, plus $1,000 per dependent. Does not apply to items purchased within 90 days before filing.
North Carolina requires debtors to use state exemptions. Debtors cannot opt for federal bankruptcy exemptions.
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 North Carolina.
More in North Carolina
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Medical Malpractice Laws·Workers' Compensation 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