AACPLL FAQs > Bankruptcy
The following is a list of resources available in the Law Library. It is not exhaustive and is intended only to provide background information for library patrons. It should not be regarded as legal advice.
ASSISTANCE
Maryland Court Help Center phone and online chat services
Phone: 410-260-1392
Chat: Maryland Court Help Center
Bankruptcy law is federal law. Bankruptcy falls under Title 11 of the United States Code. Chapter 7 or Chapter 13 apply to most individuals. The Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”) is another source of federal bankruptcy law. There are some relevant Maryland laws regarding exemptions.
MARYLAND CODE, RULES & REGULATIONS:
Exemptions are specific laws that allow you to protect certain property from your creditors, such as your car or home. For instance, when filing Chapter 7 bankruptcy, you may be able to keep items listed as protected by Maryland's bankruptcy exemptions. If filing under Chapter 13, bankruptcy exemptions play a role in how much you repay your creditors through your Chapter 13 plan.
- Other exemptions can be found in other parts of the Maryland Code. For instance:
- Burial Plot (Burial Lots), Md. Code, Business Regulations §5-503
- Unemployment Compensation, Md. Code, Labor and Employment §8-106
- Workers’ Compensation, Md. Code, Labor and Employment §9-732
- Proceeds of life insurance policies, annuity contracts and fraternal benefit societies, see Md. Code, Estates and Trusts § 8-115
- With respect to the exemption for benefits paid by a fraternal benefit society, see also Md. Code, Insurance § 8-431.
- With respect to the exemption for proceeds from life insurance policies and annuity contracts, see also Md. Code, Insurance § 16-111.
- Medical Insurance Benefits, Md. Code, Commercial Law §15.601.1
- Crime Victims Compensation, Md. Code, Criminal Procedure §11-816(b)
- Perpetual Care Trust Funds, Md. Code, Business Regulation §5-603(g)(3)
- Prepaid College Trust Funds, Md. Code, Education §18-1913
- Baltimore Police Death Benefits, Md. Code, Local Government § 30-108(c)
- Public Assistance to Adults, Md. Code, Human Services § 5-407
- Pensions, Md. Code, State Employees State Personnel & Pensions, §21-502
- Partnership Property, but not individual partner's interest, Md. Code, Corporations & Associations §§9A-502, 9A-504
Md. Code, Commercial Law §15-101.
- COMAR / Code of Maryland Regulations type "bankruptcy" in the search box. Certain provisions apply to the liabilities of business owners, employers, insurers, landowners, and utility providers who have a change in financial status due to bankruptcy.
ONLINE RESOURCES:
- THE PEOPLE'S LAW LIBRARY OF MARYLAND
- NOLO's TheBankruptcySite:
- FORMS
- United States Bankruptcy Court, District of Maryland: Commonly Used Forms
- U.S. Courts: Official Bankruptcy Forms
- U.S. Courts: Pending or Recent Changes in the Bankruptcy Forms
- Bankruptcy forms require detailed financial information. For instance, filers must calculate and compare their current monthly income to Maryland's median income for a household of their size. If a filer's income is less than the median, they may be eligible for Chapter 7. This calculation is called the "means test." Federal agency statistics assist filers to fill-out this information on forms:
LIBRARY RESOURCES:
- How to File for Chapter 7 Bankruptcy / Stephen Elias (NOLO) (Online at the Legal Information Reference Center on library computers.)
- The New Bankruptcy: Will it Work for You? / Stephen Elias & Leon Bayer (NOLO) (Online at the Legal Information Reference Center on library computers.)
- Consumer Bankruptcy Law and Practice / Henry J. Sommer (National Consumer Law Center, 2020) (SELF HELP NCLC KF1527. C66 2023 and on library computers).
- Collier on Bankruptcy/ Alan N. Resnick, Henry J. Sommer (Bender/Lexis Nexis) (on Lexis in Law Library).
CLINICS AND SELF-HELP RESOURCES:
- The Debtor Assistance Project ("DAP"): Bankruptcy clinic where self-represented debtors can schedule a free, 30-minute phone consultation with an attorney. Due to covid-19, in-person consultations have been suspended indefinitely.
http://aacpll.pbworks.com/w/page/109009789/Bankruptcy
OR go to the FAQs in sidebar @ aacpll.pbworks.com
exemptions; property protected from creditors in the state of Maryland.