New Hampshire
Bankruptcy in New Hampshire (2026): Exemptions & Means Test
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 5 primary sources cited on this page. How we verify our legal content
Bankruptcy is a federal process, but the property you can keep and the income limits that shape Chapter 7 eligibility turn on state law. New Hampshire is one of a minority of states that lets you choose between its own exemptions and the federal bankruptcy exemptions, and its homestead protection was sharply increased effective January 1, 2026.
This guide is part of our Bankruptcy by State series. It is general legal information, not legal advice, and the dollar figures below change periodically, so confirm current amounts before you rely on them.
Does New Hampshire use state or federal bankruptcy exemptions?
New Hampshire is one of the states that did not opt out of the federal exemption scheme. Under 11 U.S.C. 522(b), each state may force its residents to use state exemptions, but New Hampshire instead lets a filer choose. You may claim either the New Hampshire exemptions, the most important being the homestead right in RSA 480:1 and the personal-property list in RSA 511:2, or the federal exemptions in 11 U.S.C. 522(d). You must choose one full set; you cannot combine the most generous parts of each.
Because of this choice, comparing the two systems is the central planning step for a New Hampshire filer. After the 2026 increase, the New Hampshire homestead is far larger than the federal homestead, while the federal set offers a sizable wildcard that can protect cash, accounts, or other property the state list does not reach. A spouse who co-owns property and files jointly may, in many cases, double the federal amounts. To use New Hampshire's exemptions, the residency rules in 11 U.S.C. 522(b)(3) generally require domicile in New Hampshire for the 730 days before filing; otherwise an earlier state's exemptions may apply.
New Hampshire homestead exemption
New Hampshire's homestead right under RSA 480:1 protects equity in a person's home from most creditors. Effective January 1, 2026, the legislature raised the amount to $400,000 per person, with a combined cap of $550,000 when the homestead is held or claimed jointly. This was a major increase from the prior $120,000 figure under 2025 legislation (ch. 282, per the statute source note), so many existing summaries are out of date. The $400,000 amount is current as of mid-2026, and you should confirm the latest figure before relying on it.
The revised statute also adds a narrow but important exception: where the debt arises from unpaid medical bills, or from other obligations directly resulting from a terminal or catastrophic injury or illness, the full market value of the property may be claimed as a homestead, without the dollar cap. The 2026 amendments also include conditions such as a primary-residence requirement, so the precise contours are worth reviewing for a specific situation.
Motor vehicle, wildcard, and personal property
Beyond the homestead, New Hampshire protects several categories under RSA 511:2:
- Motor vehicle: up to $10,000 of equity in one vehicle.
- Wildcard: $1,000 in any property, plus up to $7,000 of any unused amount of certain enumerated exemptions, which can be stacked on other property.
- Household furniture and provisions: necessary furniture up to $3,500, plus food, fuel, and provisions for the household.
- Tools of trade: tools of the debtor's occupation up to $5,000.
- Wearing apparel, beds and bedding, a cooking stove, books, and certain domestic animals.
Wages are protected through New Hampshire's limits on attachment of earnings under RSA 512:21, and retirement accounts (RSA 511:2, XIX) and most public benefits are also shielded. Professionally prescribed health aids are not on the New Hampshire list at all; they are exempt only under the federal set, at 11 U.S.C. 522(d)(9), which you cannot combine with the New Hampshire exemptions. Because the homestead is now very large, many New Hampshire homeowners protect their residence fully under the state set, then weigh the federal wildcard against the state personal-property list for everything else.
The Chapter 7 means test in New Hampshire
The means test screens Chapter 7 filings for a presumption of abuse. The first step compares your household's average monthly income over the six months before filing, annualized, to the New Hampshire median family income for your household size as published by the U.S. Trustee Program. If you are at or below the median, there is no presumption of abuse and you do not need to complete Form 122A-2, but that alone does not make you eligible for Chapter 7. If you are above it, a second calculation of disposable income decides whether a presumption of abuse arises or you are steered toward Chapter 13.
For cases filed on or after July 15, 2026, the New Hampshire median family income figures are:
| Household size | New Hampshire median annual income |
|---|---|
| 1 | $87,287 |
| 2 | $109,324 |
| 3 | $141,531 |
| 4 | $155,203 |
Add $11,100 for each additional person beyond four. These figures apply to cases filed on or after July 15, 2026, and the U.S. Trustee Program revises them about twice a year, so confirm the figures for your filing date.
Chapter 7 vs. Chapter 13 and the automatic stay
Chapter 7 is liquidation. A trustee may sell non-exempt property to pay creditors, and most remaining unsecured debt is discharged, usually within about four to six months. It suits filers with limited non-exempt assets and primarily unsecured debt.
Chapter 13 is reorganization. You keep your property and repay some or all of what you owe through a court-approved plan lasting three to five years, which can help homeowners cure a mortgage arrearage or filers whose income is too high for Chapter 7.
Filing either chapter triggers the automatic stay under 11 U.S.C. 362, which immediately halts most collection efforts, including foreclosure sales, wage garnishment, repossession, and collection calls, while the case proceeds.
Where you file in New Hampshire
New Hampshire is a single federal judicial district, so all cases go to the U.S. Bankruptcy Court for the District of New Hampshire. The court sits at the Warren B. Rudman U.S. Courthouse in Concord. Filers must complete a credit-counseling course from an approved provider before filing and a debtor-education course before discharge.
What bankruptcy can and cannot do
Most unsecured debts, such as credit cards, medical bills, and personal loans, are dischargeable. Several categories generally are not, including most student loans (absent a separate showing of undue hardship), recent income taxes, domestic-support obligations like child support and alimony, and debts arising from fraud. Secured debts like a mortgage or car loan continue if you keep the collateral and keep paying. The exemption set you choose can change which assets you keep, so have a New Hampshire lawyer compare both sets in a free bankruptcy evaluation before you file (attorney advertising).
Frequently Asked Questions
Does New Hampshire use state or federal bankruptcy exemptions?
Both are available. New Hampshire did not opt out of the federal exemptions, so a filer may choose either the New Hampshire exemption set (RSA 480:1 homestead and RSA 511:2 personal property) or the federal set in 11 U.S.C. 522(d). You must use one full system and cannot mix them.
What is the homestead exemption in New Hampshire?
As of January 1, 2026, RSA 480:1 protects up to $400,000 of homestead equity per person, capped at $550,000 when claimed jointly. This replaced the prior $120,000 figure and was enacted by 2025 session law chapter 282, so many older summaries are out of date. Where the debt results from medical bills or a terminal or catastrophic illness, the full home value can be claimed without the cap. Confirm the current figure before relying on it.
What is the New Hampshire median income for the means test?
For cases filed on or after July 15, 2026, the U.S. Trustee Program lists New Hampshire median family income as $87,287 for one earner, $109,324 for two, $141,531 for three, and $155,203 for four, plus $11,100 for each additional person. These figures update about twice a year.
How much car equity can I protect in a New Hampshire bankruptcy?
New Hampshire exempts up to $10,000 of equity in one motor vehicle under RSA 511:2. If you choose the federal exemptions instead, a separate vehicle figure applies. The state wildcard can sometimes cover part of any excess.
Will I lose my house if I file bankruptcy in New Hampshire?
Not automatically. After the 2026 increase, New Hampshire's homestead protects up to $400,000 per person (and up to $550,000 jointly), which covers most homeowners who stay current on the mortgage. A homeowner with equity above the exemption should consider whether Chapter 13 is a better fit. This is general information, not advice about your situation.
Where do I file for bankruptcy in New Hampshire?
In the U.S. Bankruptcy Court for the District of New Hampshire, which sits at the Warren B. Rudman U.S. Courthouse in Concord. New Hampshire is a single federal district, so there is no separate division to choose by county.
What debts cannot be discharged in a New Hampshire bankruptcy?
Bankruptcy is federal, so the non-dischargeable categories are the same nationwide. They generally include most student loans, recent income taxes, child support and alimony, and debts arising from fraud. Most credit card and medical debt is dischargeable.
Do I need to take a credit counseling course before filing?
Yes. Federal law requires a credit-counseling course from an approved agency within 180 days before filing, and a debtor-education course before your discharge is entered. This applies to filers in New Hampshire as it does nationwide.
Updates
Clarified that income at or below the state median means the presumption of abuse does not arise under the Chapter 7 means test, not that a filer qualifies for Chapter 7.
Updated the Chapter 7 means-test figures to the U.S. Trustee table effective for cases filed on or after July 15, 2026 (the New Hampshire dollar amounts are unchanged), and corrected the state exemption section, which had listed professionally prescribed health aids as New Hampshire property when that exemption exists only under the federal set at 11 U.S.C. 522(d)(9).
Fixed the homestead statute link and the session-law attribution for the 2026 increase.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XLIX HOMESTEADS, CHAPTER 480 THE HOMESTEAD RIGHT
§ 480:1Amount.In forcecited in 2 of our articles
I. Every person is entitled to $400,000 worth of his or her homestead, or of his or her interest therein, as a homestead. The homestead right created by this chapter shall exist in manufactured housing, as defined by RSA 674:31, which is owned and occupied as a dwelling by the same person but shall not exist in the land upon which the manufactured housing is situated if that land is not also owned by the owner of the manufactured housing. The homestead right shall also apply to the person's ownership interest in any mobile home, housing cooperative, and condominium, so long as the property is occupied as a dwelling. II. In order to claim this exemption, the residence must have been continuously used as a primary residence for the previous 12 months. However, proceeds from the sale of a qualifying residence and such new residence, shall also be protected if reinvested within 6 months in a new primary residence. III. Notwithstanding paragraph I, homestead exemptions, totaling not more than $550,000, may be held or claimed, or $400,000 for a single person under this section. IV.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Stewart v. Bader (Supreme Court of New Hampshire 2006, 154 N.H. 75)“…laintiff; and (8) denied him his homestead exemption, see RSA 480:1 (Supp. 2005). We address each argument…”
- Chase v. Ameriquest Mortgage Co. (Supreme Court of New Hampshire 2007, 155 N.H. 19)“…cation of the statutory homestead exemption as set forth in RSA 480:1, :4 and :5-a. The interpretation and ap…”
- George Maroun, Sr. & a. v. Deutsche Bank National Trust Company (Supreme Court of New Hampshire 2014, 167 N.H. 220)“…interpret and apply the statutory homestead exemption. See RSA 480:1, :3-a, :5-a (2013), :4 (Supp. 2014). Th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Homestead Exemption: Tax Relief and Deadlines
New Hampshire Revised Statutes Annotated, TITLE LII ACTIONS, PROCESS, AND SERVICE OF PROCESS, CHAPTER 511 ATTACHMENTS
§ 511:2Exemptions.In forcecited in 2 of our articles
The following goods and property are exempted from attachment and execution: I. The wearing apparel necessary for the use of the debtor and the debtor's family. II. Comfortable beds, bedsteads and bedding necessary for the debtor, the debtor's spouse and children. III. Household furniture to the value of $3,500. IV. One cook stove, one heating stove and one refrigerator and necessary utensils belonging to the same. V. One sewing machine, kept for use by the debtor or the debtor's family. VI. Provisions and fuel to the value of $400. VII. The uniform, arms and equipments of every officer and private in the militia. VIII. The Bibles, school books and library of any debtor, used by the debtor or the debtor's family, to the value of $800. IX. Tools of the debtor's occupation to the value of $5,000. X. One hog and one pig, and the pork of the same when slaughtered. XI. Six sheep and the fleeces of the same. XII. One cow; a yoke of oxen or a horse, when required for farming or teaming purposes or other actual use; and hay not exceeding 4 tons. XIII. Domestic fowls not exceeding $300 in value. XIV.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Landry v. Landry (Supreme Court of New Hampshire 2007, 154 N.H. 785)“…and the plaintiff sought a writ of execution. Relying upon RSA 511:2 (1997 & Supp. 2006), the defendant move…”
- In Re State and Estate of Crabtree (Supreme Court of New Hampshire 2007, 155 N.H. 565)“…exempt from the imposition of a lien under RSA 161-C:11 and RSA 511:2 (Supp. 2006). The division contends tha…”
- Fulton v. Allard's Moving & Storage, Inc. (Supreme Court of New Hampshire 1995, 139 N.H. 582)“…f the property it holds may be exempt from attachment under RSA 511:2 (1983). RSA 511:2 exempts certain perso…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Debt Collection Laws: The State Without Continuing Wage Garnishment
United States Code Title 11
§ 522ExemptionsIn forcecited in 54 of our articles
In this section— “dependent” includes spouse, whether or not actually dependent; and “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 7,574 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Taylor v. Freeland & Kronz (1992) held that a trustee who does not object within the 30-day period cannot later challenge an exemption claimed under 522(l), even one with no statutory basis. Owen v. Owen (1991) held that 522(f) lien avoidance is not defeated by a state exemption written to exclude lien-encumbered property.
Opinions citing this section in our collection:
- Taylor v. Freeland & Kronz (Supreme Court of the United States 1992, 503 U.S. 638)✓A Chapter 7 debtor listed the entire proceeds of her TWA discrimination suit as exempt and the trustee let the 30-day objection window lapse; the Court held that under § 522(l) the property is exempt once no one objects, even absent a colorable statutory basis.
- Patterson v. Shumate (Supreme Court of the United States 1992, 504 U.S. 753)✓A debtor's $250,000 ERISA pension interest was excluded from his estate under § 541(c)(2); answering a surplusage argument, the Court read § 522(d)(10)(E) as exempting a broader set of plans, and expressly declined to decide whether § 522(b)(2)(A) also applied.
- Owen v. Owen (Supreme Court of the United States 1991, 500 U.S. 305)✓An ex-wife's judgment lien attached to a Florida condo before state law made it a homestead; the Court held § 522(f) measures impairment against the exemption the debtor would have had but for the lien, so Florida's carve-out for prior liens did not defeat avoidance.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy Laws by State (2026): Exemptions & Means Test, Bankruptcy in Alabama (2026): Exemptions & Means Test, Bankruptcy in Alaska (2026): Exemptions & Means Test
§ 362Automatic stayIn forcecited in 54 of our articles
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; any act to create, perfect, or enforce any lien against property of the estate; any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; any act to…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 19,606 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (1988) held that an undersecured creditor gets no interest as adequate protection under 362(d)(1) for delay caused by the stay. NLRB v. Bildisco & Bildisco (1984) applied 362(a) in requiring claims be pursued through bankruptcy administration, not suit.
Opinions citing this section in our collection:
- Clinton v. Jones (Supreme Court of the United States 1997, 520 U.S. 681)“…ublic interests. Brief for Petitioner 34-36. See, e. g., 11 U. S. C. § 362 (litigation against debtor stayed upon…”
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (Supreme Court of the United States 1988, 484 U.S. 365)✓An undersecured lender on a Houston apartment project sought monthly payments as the price of continuing the § 362(a) automatic stay; the Court held that 'adequate protection' under § 362(d)(1) does not entitle it to interest for the delay in foreclosing on its collateral.
- Pennzoil Co. v. Texaco Inc. (Supreme Court of the United States 1987, 481 U.S. 1)“…if it were forced to file for bankruptcy under Chapter 11. 11 U. S. C. §362 . Texaco, or its successor in interest,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy in Arizona (2026): Exemptions & Means Test, Bankruptcy in Arkansas (2026): Exemptions & Means Test, Bankruptcy in California (2026): Exemptions & Means Test
New Hampshire Revised Statutes Annotated, TITLE LII ACTIONS, PROCESS, AND SERVICE OF PROCESS, CHAPTER 512 TRUSTEE PROCESS
§ 512:21List of Exemptions.In forcecited in 3 of our articles
The money, rights, and credits of the defendant shall be exempt from trustee process in the following instances, and the trustee shall not be chargeable therefor: I. Wages for labor performed by the defendant after the service of the writ upon the trustee. II. Except as otherwise provided in paragraph X of this section, wages of the defendant earned before the service of the writ upon the trustee shall be exempt except in actions founded upon a debt on a judgment issued by a New Hampshire court of competent jurisdiction. In such case, the wages of the defendant earned before the service of a writ upon the trustee founded upon a debt on a judgment to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act for each week shall be exempt. The employer shall pay said exempted amount to the employee on the usual payday unless other cause exists prohibiting such payment. III. Wages for the personal services and earnings of the wife and minor children of the defendant. IV. Any pension or bounty money of the defendant allowed by any law of the United States before it has come into his actual possession. V.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2021
In the courts (editorial summary, independently checked):In Re Damast (1991) read RSA 512:21 as an exemption only from trustee process rather than a bankruptcy exemption, and held a debtor's IRA was not exempt. Sheedy v. Merrimack County Superior Court (1986) applied the same exemptions, holding a judge weighing ability to pay under RSA 524:6-a may not count property exempt under chapter 512.
Opinions citing this section in our collection:
- Opinion of the Justices (Supreme Court of New Hampshire 1981, 121 N.H. 531)✓Asked about a bill letting courts garnish former defendants' wages to recoup counsel fees notwithstanding any law to the contrary, the justices advised that stripping indigent defendants of the RSA 512:21 exemptions other judgment debtors keep would violate equal protection.
- Sheedy v. Merrimack County Superior Court (Supreme Court of New Hampshire 1986, 128 N.H. 51)✓A debtor ordered jailed for civil contempt over an unpaid judgment challenged the payment statute as vague; the court upheld the statute, reasoning that a judge weighing ability to pay may not count property exempt from attachment or trustee process, citing RSA 512:21.
- Francis X. O'Brien & a. v. Dynacon Builders, Inc. (Supreme Court of New Hampshire 2021)“…cate the arbitration award; and (2) the attachment violated RSA 512:21, XI (2010), which exempts funds “deposi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Debt Collection Laws by State: Garnishment, SOL, and Repossession Rules
Sources and References
- RSA 480:1, New Hampshire homestead right ($400,000 per person, $550,000 joint cap effective Jan. 1, 2026; full value for medical/catastrophic-illness debt)(gc.nh.gov).gov
- RSA 511:2, New Hampshire personal-property exemptions ($10,000 motor vehicle, $1,000 plus $7,000 unused-exemption wildcard, household furniture, tools of trade)(gc.nh.gov).gov
- U.S. Trustee Program, Census Bureau Median Family Income by family size, cases filed on or after April 1, 2026(justice.gov).gov
- 11 U.S.C. 522, federal bankruptcy exemptions and the state opt-out authority in 522(b)(law.cornell.edu)
- U.S. Bankruptcy Court for the District of New Hampshire (Warren B. Rudman U.S. Courthouse, Concord)(nhb.uscourts.gov).gov
- U.S. Courts, Bankruptcy Basics (Chapter 7, Chapter 13, automatic stay)(uscourts.gov).gov
- U.S. Trustee Program, Census Bureau Median Family Income by family size, cases filed on or after July 15, 2026(justice.gov)
- RSA 512:21, New Hampshire exemptions from trustee process (wages and earnings, federal pension and bounty money, payroll accounts)(gc.nh.gov)
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