LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
382
JUNE 30, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 542 - L.D. 737
An Act To Increase the Value of Property Exempt from Attachment and
Execution
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §3126-A, sub-§3, ¶B, as enacted by PL 1999, c. 587, §3, is
amended to read:
B. The amount by which the sum of disposable earnings and exempt income for that
week exceeds 40 times the minimum hourly wage prescribed by 29 United States Code,
Section 206(a)(1) or the state minimum hourly wage prescribed by Title 26, section
664, whichever is higher at the time the earnings are payable; or
Sec. 2. 14 MRSA §4422, as amended by PL 2017, c. 177, §§1 to 4 and c. 209, §1
and corrected by RR 2017, c. 1, §7, is further amended to read:
§4422. Exempt property
The following property is exempt from attachment and execution, except to the extent
that it has been fraudulently conveyed by the debtor.:
1. Residence. A debtor's residence. The exemption of a debtor's residence is subject
to this subsection.
A. Except as provided in paragraph B, the debtor's aggregate interest, not to exceed
$47,500 $80,000 in value, in real or personal property that the debtor or a dependent
of the debtor uses as a residence, in a cooperative that owns property that the debtor or
a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a
dependent of the debtor, except that if minor dependents of the debtor have their
principal place of residence with the debtor, the debtor's aggregate interest may not
exceed $95,000 $160,000 and except that if the debtor's interest is held jointly with any
other person or persons, the exemption may not exceed in value the lesser of $47,500
$80,000 or the product of the debtor's fractional share times $95,000 $160,000.
B. The debtor's aggregate interest, not to exceed $95,000 $160,000 in value, in
property described in paragraph A, if the debtor or a dependent of the debtor is either
a person 60 years of age or older or a person physically or mentally disabled and
because of such disability is unable to engage in substantial gainful employment and
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 whose disability has lasted or can be expected to last for at least 12 months or can be
expected to result in death; except that if the debtor's interest is held jointly with any
other person or persons, the exemption may not exceed in value the lesser of $95,000
$160,000 or the product of the fractional share of the debtor's interest times $190,000
$240,000. This paragraph does not apply to liens obtained prior to its effective date or
to judgments based on torts involving other than ordinary negligence on the part of the
debtor. If the property is both the surviving owner's and deceased joint owner's primary
residence, the maximum exemption for debtors who are joint owners may not be
reduced due to the death of one of the joint owners when either:
(1) The deceased joint owner dies at 67 years of age or older and the surviving
joint owner is at least 60 years of age; or
(2) The surviving joint owner is at least 67 years of age.
C. That portion of the proceeds from any sale of property which that is exempt under
this section shall be is exempt for a period of 6 12 months from the date of receipt of
such proceeds for purposes of reinvesting in a residence within that period.
D. Any exemption claimed under this subsection does not apply to judgments based
on torts involving other than ordinary negligence on the part of the debtor.
E. The amount of any exemption claimed under this subsection is limited to the amount
of the exemption in effect on the date of the recording of the lien on the property against
which the exemption is claimed;
2. Motor vehicle. The debtor's interest, not to exceed $7,500 $10,000 in value, in one
motor vehicle.;
3. Clothing; furniture; appliances; and similar items. The debtor's interest, not to
exceed $200 $500 in value in any particular item, in household furnishings, household
goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are
held primarily for the personal, family or household use of the debtor or a dependent of the
debtor.;
4. Jewelry. The debtor's aggregate interest, not to exceed $750 $1,000 in value, in
jewelry held primarily for the personal, family or household use of the debtor or a
dependent of the debtor and the debtor's aggregate interest, not to exceed $4,000, in a
wedding ring and an engagement ring.;
5. Tools of the trade. The debtor's aggregate interest, not to exceed $5,000 $9,500 in
value, in any implements, professional books or tools of the trade of the debtor or the trade
of a dependent of the debtor, including, but not limited to, power tools, materials and stock
designed and procured by the debtor and necessary for carrying on the debtor's trade or
business and intended to be used or wrought in that trade or business.;
6. Furnaces, stoves and fuel. The debtor's interest in the following items held
primarily for the personal, family or household use of the debtor or a dependent of the
debtor:
A. One cooking stove;
B. All furnaces or stoves used for heating; and
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 C. All cooking and heating fuel not to exceed 10 cords of wood, 5 tons of coal, 1,000
gallons of petroleum products or its equivalent.;
7. Food, produce and animals. The debtor's interest in the following items held
primarily for the personal, family or household use of the debtor or a dependent of the
debtor:
A. All food provisions, whether raised or purchased, reasonably necessary for 6
months;
B. All seeds, fertilizers, feed and other material reasonably necessary to raise and
harvest food through one growing season; and
C. All tools and equipment reasonably necessary for raising and harvesting food.;
8. Farm equipment. The debtor's interest in one of every type of farm implement
reasonably necessary for the debtor to raise and harvest agricultural products commercially,
including any personal property incidental to its maintenance and operation.;
9. Fishing boat. The debtor's interest in one boat, not exceeding 46 feet in length,
used by the debtor primarily for commercial fishing.;
9-A. Logging implements. The debtor's interest in one of every type of professional
logging implement reasonably necessary for the debtor to harvest and haul wood
commercially, including any personal property incidental to its maintenance and
operation.;
10. Life insurance contract. Any unmatured life insurance contract owned by the
debtor, other than a credit life insurance contract.;
11. Life insurance dividends, interest and loan value. The debtor's aggregate
interest, not to exceed in value $4,000 $5,000 less any amount of property of the estate
transferred in the manner specified in the 11 United States Code, Title 11, Section 542(d),
in any accrued dividend or interest under, or loan value of, any unmatured life insurance
contract owned by the debtor under which the insured is the debtor or an individual of
whom the debtor is dependent.;
12. Health aids. Professionally prescribed health aids for the debtor or a dependent
of the debtor.;
13. Disability benefits; pensions. The debtor's right to receive the following:
A. A social security benefit, unemployment compensation or a federal, state or local
public assistance benefit, including, but not limited to, all tax refunds attributable to
the federal earned income tax credit and additional any child tax credit;
B. A veterans' benefit;
C. A disability, illness or unemployment benefit;
D. Alimony, support or separate maintenance, to the extent reasonably necessary for
the support of the debtor and any dependent of the debtor; or
E. A payment or account under a stock bonus, pension, profit-sharing, annuity or
similar plan or contract on account of illness, disability, death, age or length of service,
to the extent reasonably necessary for the support of the debtor and any dependent of
the debtor, unless:
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 (1) The plan or contract was established by or under the auspices of an insider that
employed the debtor at the time the debtor's rights under the plan or contract arose;
(2) The payment is on account of age or length of service; and
(3) The plan or contract does not qualify under the United States Internal Revenue
Code of 1986, Section 401(a), 403(a), 403(b), 408 or 409.;
13-A. Retirement funds. Retirement funds to the extent those funds are in a fund or
account that is exempt from taxation under the United States Internal Revenue Code of
1986, Section 401, 403, 408, 408A, 414, 457 or 501(a), up to an aggregate value of
$1,000,000 $1,054,550. This subsection does not exempt:
A. Amounts contributed to the account or fund within 120 days before:
(1) The debtor files for bankruptcy if this exemption is being applied in a federal
bankruptcy proceeding; or
(2) If this exemption is being applied in a proceeding other than a federal
bankruptcy proceeding or for child support or spousal support covered by
paragraph B, the earlier of the entry of judgment or other ruling against the debtor
or the issuance of the levy, attachment, garnishment or other execution or order
against which this exemption is being applied; or
B. Amounts in the account or fund necessary to satisfy child support or spousal support
obligations.;
14. Legal awards; life insurance benefits. The debtor's right to receive or property
that is traceable to the following:
A. An award under a crime victim's reparation law;
B. A payment on account of the wrongful death of an individual of whom the debtor
was a dependent, to the extent reasonably necessary for the support of the debtor and
any dependent of the debtor;
C. A payment under a life insurance contract that insured the life of an individual of
whom the debtor was a dependent on the date of the individual's death, to the extent
reasonably necessary for the support of the debtor and any dependent of the debtor;
D. A payment, not to exceed $12,500 $20,000, on account of personal bodily injury,
not including pain and suffering or compensation for actual pecuniary loss, of the
debtor or an individual of whom the debtor is a dependent; or
E. A payment in compensation of loss of future earnings of the debtor or an individual
of whom the debtor is or was a dependent, to the extent reasonably necessary for the
support of the debtor and any dependent of the debtor.;
15. Other property. The debtor's aggregate interest, not to exceed in value $400
$500, in any property, whether or not otherwise exempt under this section.;
16. Unused residence exemption for other exemptions. The debtor's interest, equal
to any unused amount of the exemption provided under subsection 1 but not exceeding
$6,000 $10,500, in any property exempt under subsections 3 and 5 and subsection 14,
paragraph D.; and
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 17. Cash; bank account. The debtor's interest in cash or in deposit accounts or other
accounts of a financial institution, equal to any amount in cash or in the deposit account or
other account of financial institutions, but not exceeding $3,000. The plaintiff, defendant
or any other account owner may file an ex parte motion for dissolution of modification in
the court in which a judgment or prejudgment order was entered for a hearing to establish
how and to which account any exemption should be applied.
The exemptions set forth in this section are automatically adjusted to reflect changes
by the percentage change, if any, from January 1st to December 31st of the preceding year
in the Consumer Price Index for All Urban Consumers, Annual City Average, for the
Northeast Region, or its successor index, as published by the United States Department of
Labor, Bureau of Labor Statistics or its successor agency, beginning April 1, 2024 and
every 3 years thereafter. The Supreme Judicial Court shall publish the 3-year adjustment
for an effective date of April 1st for the following year. Adjustments made pursuant to this
paragraph must be rounded up to the next $50.
Sec. 3. 14 MRSA §4426, as amended by PL 2011, c. 203, §1, is further amended to
read:
§4426. Exemptions in bankruptcy proceedings
Notwithstanding anything to the contrary in the 11 United States Code, Title 11,
Section 522(b), a debtor may exempt from property of the debtor's estate under 11 United
States Code, Title 11, only that property exempt under the 11 United States Code, Title 11,
Section 522(b)(3)(A) and (B), except that any debtor eligible for a residence exemption
under section 4422, subsection 1, paragraph B, A-1 may exempt the amount allowed in that
paragraph.
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Statutes affected:
Bill Text LD 737, HP 542: 14.3126, 14.4422, 14.4426
Bill Text ACTPUB , Chapter 382: 14.3126, 14.4422, 14.4426