Filing Chapter 7 Bankruptcy in New Hampshire (2026)
Reviewed by DocDraft Legal Team · New Hampshire · Last updated August 18, 2026
Chapter 7 bankruptcy is federal law, but the property you keep depends on which exemption set you use. New Hampshire is a choice state: you may elect either the federal 11 U.S.C. 522(d) exemptions or the New Hampshire exemptions, but you cannot combine the two lists. This page explains New Hampshire's homestead exemption under RSA 480:1, which rose to $400,000 of equity per person on January 1, 2026, along with the vehicle, wildcard, and wage figures, the means-test median income, and the single federal bankruptcy court where Granite Staters file. Chapter 7 discharges most unsecured debt but not most student loans, recent taxes, child support, or alimony.
Does New Hampshire use state or federal bankruptcy exemptions?
New Hampshire is a choice state. A debtor filing in New Hampshire may elect either the federal 11 U.S.C. 522(d) exemptions or the New Hampshire exemptions found in RSA 480 and RSA 511:2. You must choose one full set and cannot mix items from both. Married couples filing jointly must both elect the same system.
Can I keep my house if I file Chapter 7 in New Hampshire?
Often yes. Under RSA 480:1, New Hampshire's homestead exemption protects up to $400,000 of equity in your home per person as of January 1, 2026, up from $120,000 previously. If your home equity fits within that amount, Chapter 7 generally lets you keep the house. The federal homestead is smaller.
Can I keep my car if I file Chapter 7 in New Hampshire?
Usually yes if your equity is modest. New Hampshire exempts $10,000 of equity in one motor vehicle under RSA 511:2, XVI. If your car equity is at or below that figure, the vehicle is protected. Equity above it may be reachable by the trustee unless you also apply the wildcard exemption to cover the excess.
What is the income limit to file Chapter 7 in New Hampshire?
For cases filed on or after July 15, 2026, the U.S. Trustee median income figures for New Hampshire are $87,287 for one earner, $109,324 for two, $141,531 for three, and $155,203 for four, adding $11,100 per additional person. At or below your household figure, you pass the first part of the means test.
New Hampshire's Choice of Exemptions, the RSA 480:1 Homestead, and Where You File
New Hampshire is one of the roughly 16 choice states: rather than opting out of the federal system, it lets a bankruptcy debtor elect either the federal 11 U.S.C. 522(d) exemptions or the New Hampshire exemptions, but not a mix of both. The headline state protection is the homestead under RSA 480:1, which rose to $400,000 of equity per person on January 1, 2026, a large increase from the prior $120,000 figure; where two or more owners hold the property, the combined homestead is capped at $550,000. New Hampshire exempts $10,000 of equity in one motor vehicle under RSA 511:2, XVI, and offers a wildcard under RSA 511:2, XVIII of $1,000 in any property plus up to $7,000 of the unused amount of certain other exemptions, which filers can stack onto a car, cash, or other assets. Household furniture is exempt to $3,500 and tools of the debtor's trade to $5,000. Because New Hampshire is a single federal district, everyone files in the U.S. Bankruptcy Court for the District of New Hampshire, which sits in Concord and Manchester.
Relevant Laws
New Hampshire Homestead Exemption (RSA 480:1)
Sets New Hampshire's homestead exemption, raised to $400,000 of equity per person effective January 1, 2026, with a combined cap of $550,000 where multiple owners hold the property. This is the exemption that lets many New Hampshire homeowners keep their house in Chapter 7.
New Hampshire Exemption of Property (RSA 511:2)
The core New Hampshire personal-property exemption statute, listing the $10,000 motor vehicle exemption (XVI), the $1,000-plus-$7,000 wildcard (XVIII), $3,500 in household furniture, $5,000 in tools of trade, and retirement accounts. A New Hampshire debtor who does not elect the federal set uses these.
New Hampshire Exemption of Wages (RSA 512:21)
Provides that a debtor's earned but unpaid wages are exempt from attachment and trustee process, protecting the pay you have worked for but not yet received. This wage protection applies alongside the RSA 511:2 personal-property exemptions when you use the New Hampshire set.
Federal Bankruptcy Code Exemptions and Means Test (11 U.S.C. 522, 707)
The federal law behind Chapter 7. Section 522(b) lets a state either opt out of or, as New Hampshire has done, permit the federal 522(d) exemptions as an alternative to state exemptions, and section 707(b) sets the means test measured against state median income.
Regional Variances
New Hampshire Chapter 7 Exemption Table
Homestead
RSA 480:1: up to $400,000 of equity per person as of January 1, 2026, up from $120,000 previously, with a combined cap of $550,000 where two or more owners hold the same property. New Hampshire is a choice state, so a filer may instead elect the smaller federal 522(d) homestead.
Motor vehicle
RSA 511:2, XVI: $10,000 of equity in one motor vehicle. Equity above the figure may be reachable by the trustee unless you also apply the RSA 511:2, XVIII wildcard to cover the excess.
Wildcard
RSA 511:2, XVIII: $1,000 in any property, plus up to $7,000 of the unused amount of the automobile, household furniture, jewelry, tools of trade, books, and provisions exemptions. This lets low-equity filers redirect protection to cash or other assets.
Personal property
RSA 511:2 exempts household furniture to $3,500 (III), jewelry to $500 (VIII), provisions and fuel to $400, plus clothing, beds and bedding, cooking utensils, and one hog or pig. Tools of the debtor's occupation are exempt to $5,000 (IX).
Wages
RSA 512:21 exempts a debtor's earned but unpaid wages from attachment and trustee process. This protects pay you have worked for but not yet received, and applies alongside the RSA 511:2 personal-property exemptions when you use the New Hampshire set rather than the federal one.
Retirement and tools
Tax-exempt retirement accounts such as 401(k)s and IRAs are protected, and ERISA-qualified plans are excluded from the bankruptcy estate under federal law. Tools of the debtor's occupation are exempt to $5,000 under RSA 511:2, IX, protecting the equipment you need to keep earning a living.
Suggested Compliance Checklist
Confirm the current New Hampshire means-test median income
Before you file days after startingCheck your household size against the U.S. Trustee New Hampshire median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $87,287 for one, $109,324 for two, $141,531 for three, and $155,203 for four, adding $11,100 per additional person.
Complete the pre-filing credit counseling course
Within 180 days before filing days after startingTake an approved credit counseling course from a provider authorized for the District of New Hampshire and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed.
Choose the federal or New Hampshire exemption set and value your assets
Before preparing your schedules days after startingDecide between the New Hampshire exemptions, with the large RSA 480:1 homestead up to $400,000, and the federal 522(d) set with its larger portable wildcard. Value your home, vehicle, and personal property so you can match assets to exemptions. You must choose one set in full.
Prepare and file your petition and schedules
Filing day days after startingFile your petition, schedules, and exemption claims in the U.S. Bankruptcy Court for the District of New Hampshire, the single federal bankruptcy court covering the state. Filing triggers the automatic stay that pauses collection and garnishment.
Attend the 341 meeting and finish the debtor education course
Before discharge days after startingAttend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the current New Hampshire means-test median income | Check your household size against the U.S. Trustee New Hampshire median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $87,287 for one, $109,324 for two, $141,531 for three, and $155,203 for four, adding $11,100 per additional person. | - | Before you file |
| Complete the pre-filing credit counseling course | Take an approved credit counseling course from a provider authorized for the District of New Hampshire and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed. | - | Within 180 days before filing |
| Choose the federal or New Hampshire exemption set and value your assets | Decide between the New Hampshire exemptions, with the large RSA 480:1 homestead up to $400,000, and the federal 522(d) set with its larger portable wildcard. Value your home, vehicle, and personal property so you can match assets to exemptions. You must choose one set in full. | - | Before preparing your schedules |
| Prepare and file your petition and schedules | File your petition, schedules, and exemption claims in the U.S. Bankruptcy Court for the District of New Hampshire, the single federal bankruptcy court covering the state. Filing triggers the automatic stay that pauses collection and garnishment. | - | Filing day |
| Attend the 341 meeting and finish the debtor education course | Attend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions. | - | Before discharge |
Frequently Asked Questions
Under RSA 480:1, New Hampshire's homestead exemption protects up to $400,000 of equity per person as of January 1, 2026, a large increase from the prior $120,000. Where two or more owners hold the same property, the combined exemption is capped at $550,000. If your home equity fits within your figure, Chapter 7 generally lets you keep the house.
Under RSA 511:2, XVI, New Hampshire exempts $10,000 of equity in one motor vehicle. If your car equity is at or below that amount, the vehicle is fully protected in Chapter 7. If your equity is higher, you can apply the RSA 511:2, XVIII wildcard to cover part of the excess, or the trustee may reach the non-exempt portion.
Under RSA 511:2, XVIII, New Hampshire gives a wildcard of $1,000 in any property, plus up to $7,000 of the unused amount of the exemptions for automobiles, household furniture, jewelry, tools of trade, books, and provisions. This lets a filer with little home or car equity redirect that unused protection to cash or other assets.
No. Chapter 7 discharges most unsecured debt like credit cards and medical bills, but it does not erase most student loans, recent income taxes, child support, or alimony, and it will not discharge debts from fraud. Secured debts like a car loan remain unless you surrender the collateral or reaffirm the loan.
Yes, in large part. New Hampshire exempts earned but unpaid wages under RSA 512:21, and tax-exempt retirement accounts such as 401(k)s and IRAs are protected. ERISA-qualified plans are also excluded from the bankruptcy estate under federal law, so ordinary retirement savings usually survive Chapter 7 regardless of which exemption set you elect.
Other New Hampshire guides
Asset Protection Planning in New Hampshire (2026)
Dealing With Debt Collectors in New Hampshire (2026)
How to Break a Lease in New Hampshire Legally (2026)
How to Dispute a Bill in New Hampshire (2026)
How to File a Small Claims Lawsuit in New Hampshire (2026)
How to File for Divorce in New Hampshire (2026)
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