AGO 85-39.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-39. Office of the Attorney General State of North Dakota Opinion No. 85-39Date Issued: October 11, 1985Requested by: Robert G. Hoy Cass County State's Attorney--QUESTION PRESENTED-- Whether the specific automobile exemption of N.D.C.C. § 28-22- 03.1 precludes a debtor from claiming additional exemptions for automobiles pursuant to N.D.C.C. § 28-22-03.--ATTORNEY GENERAL'S OPINION-- It is my opinion that the specific automobile exemption of N.D.C.C. § 28-22-03.1 does not preclude a debtor from claiming additional exemptions for automobiles pursuant to N.D.C.C. § 28-22-03. --ANALYSIS-- In order to facilitate a debtor's fresh start, exemption statutes were enacted to protect a debtor and his dependents and to provide them means of reasonable comfort. In re Dipalma, 24 Bankr. 385, 390 (Bankr. D. Mass. 1982) . North Dakota's scheme of statutory exemptions is contained in N.D.C.C. Ch. 28-22. N.D.C.C. § 28-22-02 enumerates several absolute exemptions which are not dependent upon quantity or value. In addition to these absolute exemptions, the North Dakota Century Code provides for additional exemptions for North Dakota debtors. N.D.C.C. § 28-22-03 provides a general exemption of $5,000.00 for the head of a family:

28-22-03. ADDITIONAL ABSOLUTE EXEMPTION FOR HEAD OF A FAMILY. In addition to the absolute exemptions mentioned in section 28-22- 02, except in subsection 8 thereof, the head of a family, personally or by his agent, may select from his other personal property, any goods, chattels, merchandise, money, and other personal property not exceeding in value the sum of five thousand dollars, which also shall be exempt from all attachment or mesne process, levy and sale upon execution, and any other final process issued from any court.

A single debtor is afforded a similar general exemption in the amount of $2,500.00. N.D.C.C. § 28-22-05. Instead of the general exemption of N.D.C.C. § 28-22-03, the head of a family may choose the alternative exemption found in N.D.C.C. § 28-22-04. The alternative exemption provided by N.D.C.C. § 28-22-04 is limited to specified personal property and corresponding dollar amounts. Additional exemptions for all North Dakota residents, regardless of marital status, are found in N.D.C.C. § 28-22-03.1. Among the exemptions of N.D.C.C. § 28-22-03.1...