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New Mexico Bankruptcy Laws

New Mexico allows debtors to choose between state and federal bankruptcy exemptions — a significant advantage for filers. The state homestead exemption is $150,000 ($300,000 if a spouse died within 2 years). Vehicle exemption is $10,000, with $75,000 for household goods. Exemption amounts are adjusted for inflation every odd-numbered year starting July 1, 2025. Debtors who do not own a homestead get a $15,000 exemption in lieu of the homestead.

Last verified: 2026-02-25

Key New Mexico Statutes

Homestead ExemptionN.M. Stat. Ann. § 42-10-9

Protects up to $150,000 in equity in the debtor's primary residence. If the debtor's spouse died within 2 years of the claim date, the exemption increases to $300,000. Exempt from attachment, execution, foreclosure, and bankruptcy proceedings. Amounts are subject to inflation adjustment every odd-numbered year starting July 1, 2025.

Exemption in Lieu of HomesteadN.M. Stat. Ann. § 42-10-10

Any resident who does not own a homestead may exempt $15,000 in real or personal property in lieu of the homestead exemption.

Motor Vehicle ExemptionN.M. Stat. Ann. § 42-10-1

Protects up to $10,000 in aggregate interest in motor vehicles.

Personal Property ExemptionsN.M. Stat. Ann. § 42-10-1

Household goods and furnishings: $75,000 aggregate. Jewelry (wedding/engagement rings plus additional): $5,000 aggregate. These amounts are subject to inflation adjustments.

Choice of Federal Exemptions11 U.S.C. § 522(b); N.M. Stat. Ann. § 42-10-1

New Mexico allows debtors to choose either state exemptions or the federal bankruptcy exemption set (but not both). The federal wildcard exemption is approximately $1,675 plus up to $15,800 of unused homestead exemption (total ~$17,475). Choosing between state and federal depends on the debtor's specific asset profile.

Insurance & Benefits ExemptionsN.M. Stat. Ann. § 42-10-3

Life insurance proceeds, health/disability insurance, workers' compensation benefits, unemployment compensation, and public assistance benefits are exempt from bankruptcy proceedings.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at NMOneSource — Exemptions (Chapter 42, Article 10). For advice about your specific situation, consult a licensed attorney.

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