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Session Laws, 2004
Volume 801, Page 2154   View pdf image
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Ch. 463                                    2004 LAWS OF MARYLAND

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.

(3)     Professionally prescribed health aids for the debtor or any dependent
of the debtor.

(4)     The debtor's interest, not to exceed [$500] $1,000 in value, in
household furnishings, household goods, wearing apparel, appliances, books, animals
kept as pets, and other items that are held primarily for the personal, family, or
household use of the debtor or any dependent of the debtor.

(5)     Cash or property of any kind equivalent in value to [$3,000] $6,000 is
exempt, if within 30 days from the date of the attachment or the levy by the sheriff,
the debtor elects to exempt cash or selected items of property in an amount not to
exceed a cumulative value of [$3,000] $6,000.

(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.

(2)     An appraisal made by the sheriff under this subsection is subject to
review by the court on motion of the debtor.

(3)     Procedures will be as prescribed by rules issued by the Court of
Appeals.

(d)     The debtor may not waive, by cognovit note or otherwise, the provisions of
subsections (b) and (h) of this section.

(e)     The exemptions in this section do not apply to wage attachments.

(f)      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, not to exceed [$2,500] $5,000 in value, in real
property or personal property.

(g)     In any bankruptcy proceeding, a debtor is not entitled to the federal
exemptions provided by § 522(d) of the federal Bankruptcy Code.

(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 Department of Health and Mental
Hygiene.

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Session Laws, 2004
Volume 801, Page 2154   View pdf image
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