Bankruptcy FAQ for Maryland
Answers to common questions about bankruptcy laws, costs, and procedures in Maryland.
What is the statute of limitations for bankruptcy in Maryland?
In Maryland, the statute of limitations for bankruptcy cases is 8 years between Chapter 7 filings. This deadline is established under 11 U.S.C. § 727(a)(8). Maryland does not allow use of federal bankruptcy exemptions. The state homestead exemption is limited and applies only to certain property types.
What courts handle bankruptcy cases in Maryland?
Maryland's court system for bankruptcy cases follows this hierarchy: Circuit Courts (general jurisdiction) → Appellate Court of Maryland → Supreme Court of Maryland. The appropriate court depends on the monetary amount in controversy and the specific nature of your bankruptcy matter.
Does Maryland require mandatory arbitration for bankruptcy?
No, Maryland does not require mandatory arbitration for bankruptcy cases. Parties may voluntarily agree to arbitration, but it is not a court-imposed prerequisite before proceeding to litigation.
What are the filing fees for bankruptcy in Maryland?
Civil filing fees in Maryland typically range from $200-$350. The exact fee depends on the type of bankruptcy case, the court where you file, and whether additional motions are required. Contact the local clerk of court for the most current fee schedule.
Does Maryland have a state income tax?
Yes, Maryland imposes a state income tax. This affects bankruptcy matters by adding a layer of state tax obligations to consider alongside federal requirements. Consult a qualified attorney to understand how state tax law interacts with your specific bankruptcy situation.
Does Maryland have an estate or inheritance tax?
Yes, Maryland has an estate or inheritance tax in addition to the federal estate tax. This is an important consideration for bankruptcy planning, as it can significantly affect the net value of an estate passed to beneficiaries.
What makes Maryland's bankruptcy laws unique?
Maryland is one of only four states plus DC that follows the contributory negligence doctrine, completely barring recovery if the plaintiff is even 1% at fault. The state recently renamed its highest court from the "Court of Appeals" to the "Supreme Court of Maryland" in 2022, and it has one of the highest estate tax exemption thresholds among states that impose the tax. Additionally, regarding bankruptcy specifically: Maryland does not allow use of federal bankruptcy exemptions. The state homestead exemption is limited and applies only to certain property types. Understanding these unique aspects of Maryland law is critical for anyone involved in a bankruptcy matter in the state.
How many lawyers practice bankruptcy in Maryland?
Maryland has approximately 26,000 active licensed attorneys. While not all specialize in bankruptcy, the state's legal market provides a range of options from solo practitioners to large firms. Maryland does not require mandatory bar association membership for all practitioners.
What are the CLE requirements in Maryland?
Maryland requires attorneys to complete 0 hours of continuing legal education (CLE) annually, including 0 hours of ethics. Maryland does not require mandatory CLE for licensed attorneys, making it one of only four states without CLE requirements. The Maryland State Bar Association is a voluntary organization. This ensures that attorneys practicing bankruptcy in Maryland stay current with legal developments.
Where can I check a Maryland lawyer's disciplinary record?
You can verify a Maryland attorney's standing and check for any disciplinary actions through the state bar's public discipline portal at https://www.mdcourts.gov/attygrievance. It is always recommended to check an attorney's record before hiring them for your bankruptcy matter.
How can automation help with bankruptcy in Maryland?
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Where can I find more information about Maryland's bar association?
The Maryland Bar Association website is available at https://www.msba.org. This is the primary resource for finding licensed attorneys, understanding your rights, accessing legal aid programs, and learning about bankruptcy laws specific to Maryland.
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