§ 11-504. Items excluded from execution of judgment
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: April 5, 2018
Effective: April 5, 2018
MD Code, Courts and Judicial Proceedings, § 11-504
§ 11-504. Items excluded from execution of judgment
(a) In this section, “value” means fair market value as of the date upon which the execution or other judicial process becomes effective against the property of the debtor, or the date of filing the petition under the federal Bankruptcy Code.1
(b) The following items are exempt from execution on a judgment:
(2) Except as provided in subsection (i) of this section, money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings. This exemption includes but is not limited to money payable on account of judgments, arbitrations, compromises, insurance, benefits, compensation, and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred.
(c)(1) In order to determine whether the property listed in subsection (b)(4) and (5) of this section is subject to execution, the sheriff shall appraise the property at the time of levy. The sheriff shall return the appraisal with the writ.
(d) The debtor may not waive, by cognovit note or otherwise, the provisions of subsections (b) and (h) of this section.
(f)(1)(i) In addition to the exemptions provided in subsection (b) of this section, and in other statutes of this State, in any proceeding under Title 11 of the United States Code, entitled “Bankruptcy”, any individual debtor domiciled in this State may exempt the debtor's aggregate interest in:
(g) In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by § 522(d) of the federal Bankruptcy Code.2
(h)(1) In addition to the exemptions provided in subsections (b) and (f) of this section and any other provisions of law, any money or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan qualified under § 401(a), § 403(a), § 403(b), § 408, § 408A, § 414(d), or § 414(e) of the United States Internal Revenue Code of 1986, as amended, or § 409 (as in effect prior to January 1984) of the United States Internal Revenue Code of 1954, as amended, shall be exempt from any and all claims of the creditors of the beneficiary or participant, other than claims by the Maryland Department of Health.
(4) If a contribution to a retirement plan described under paragraph (1) of this subsection exceeds the amount deductible or, in the case of contribution under § 408A of the Internal Revenue Code, the maximum contribution allowed under the applicable provisions of the United States Internal Revenue Code of 1986, as amended, the portion of that contribution that exceeds the amount deductible or, in the case of contribution under § 408A of the Internal Revenue Code, the maximum contribution allowed, and any accrued earnings on such a portion, are not exempt under paragraph (1) of this subsection.
(i)(1) In this subsection, “net recovery” means the sum of money to be distributed to the debtor after deduction of attorney's fees, expenses, medical bills, and satisfaction of any liens or subrogation claims arising out of the claims for personal injury, including those arising under:
Credits
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 316; Acts 1975, c. 430; Acts 1976, c. 383, § 1; Acts 1977, c. 356; Acts 1980, c. 546; Acts 1981, c. 765; Acts 1982, c. 703; Acts 1983, c. 175; Acts 1983, c. 554; Acts 1984, c. 255; Acts 1988, c. 613; Acts 1989, c. 549; Acts 1998, c. 375, § 1, eff. Oct. 1, 1998; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 463, § 1, eff. Oct. 1, 2004; Acts 2007, c. 238, § 1, eff. Oct. 1, 2007; Acts 2010, c. 202, § 1, eff. Oct. 1, 2010; Acts 2010, c. 349, § 1, eff. Oct. 1, 2010; Acts 2010, c. 350, § 1, eff. Oct. 1, 2010; Acts 2011, c. 32, § 1, eff. Oct. 1, 2011; Acts 2011, c. 603, § 1, eff. Oct. 1, 2011; Acts 2013, c. 43, § 1, eff. April 9, 2013; Acts 2014, c. 45, § 5; Acts 2014, c. 109, § 1, eff. Oct. 1, 2014; Acts 2017, c. 62, § 6; Acts 2018, c. 12, § 1, eff. April 5, 2018.
Formerly Art. 83, §§ 8, 8A, 9, 11, 13.
MD Code, Courts and Judicial Proceedings, § 11-504, MD CTS & JUD PRO § 11-504
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |