AGO 85-10.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-10. OPINION 85-10Date Issued: March 11, 1985 (AGO 85-10) Requested by: Gail Hagerty, Burleigh County State's Attorney- QUESTION PRESENTED - Whether the exemptions under N.D.C.C. section 28-22-03.1 are exemptions available to nonbankrupt debtors.- ATTORNEY GENERAL'S OPINION - It is my opinion that the exemptions under N.D.C.C. section 28-22-03.1, are exemptions available to nonbankrupt debtors. - ANALYSIS - An exemption is a right given by law to a debtor to retain a portion of his personal property free from seizure and sale by his creditors under judicial process. Exemptions have been described as privileges granted on grounds of public policy for a humane and generous purpose. Exemption laws are the product of an enlightened public policy which seeks to afford some measure of protection to the family of an unfortunate debtor, as well as the debtor himself, as well as to the public. Dunbar v. Spratt-Snyder Co. 226 N.W. 22 (Iowa 1929). Exemptions further the interests of a state in assuring that citizens are not reduced to a condition of destitution crippling their ability to carry on with useful employment and that families are not deprived of shelter and comforts necessary to health and well-being. Grimestad v. Lofgren 117 N.W. 515 (Minn. 1908); see also 31 Am.Jur.2d. Exemptions sections 1, 3 (1967). N.D.C.C. section 28-22-01 provides that "the property mentioned in this chapter is exempt to the head of a family, as defined by section 28-22-01.1, from attachment or mesne process and from levy and sale upon execution and from any other final process issued from any court." N.D.C.C. section 28-22-03.1 provides:

28-22-03.1. ADDITIONAL EXEMPTIONS FOR RESIDENTS. In addition to the exemptions provided herein, a resident of the state may select:

In lieu of the homestead exemption, up to seven thousand five hundred dollars.

A motor vehicle exemption not to exceed one thousand two hundred dollars.

Accrued dividend, interest, or cash value of an unmatured life insurance policy not to exceed four thousand dollars.

The debtor's right to receive, or property that is traceable to: a. A payment, not to exceed seven thousand five hundred dollars, on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support

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