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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

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for those below 150% of the poverty line.

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.

Domicile Requirement

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.

Motor Vehicle ExemptionN.C. Gen. Stat. § 1C-1601(a)(3)

Protects up to $3,500 in equity in one motor vehicle.

Wildcard ExemptionN.C. Gen. Stat. § 1C-1601(a)(2), (a)(6)

Up to $5,000 of unused homestead or burial exemption can be applied to any property (wildcard). An additional $500 wildcard is also available.

Household Goods and Personal PropertyN.C. Gen. Stat. § 1C-1601(a)(4)

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.

State Exemptions OnlyN.C. Gen. Stat. § 1C-1601

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.

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