Maine Legislature, Session 121, LD 0247
Committee Amendment CA_A_H81 (House)
Amends: 14 MRSA §4422

C~ITTEE AMENDMENT "d:. 
To Increase the Value of 
to H.P. 202, L.D. 247, Bill, "An 
Real and Personal Property Exempt 
from Attachment" 
Amend the bill in section 1 in paragraph A in the 2nd line 
(page 
1, 
line 
in 
L.D.) 
by 
striking out 
the 
following: 
"$50,000" and inserting in its place the following: 
'$35,000' 
Further amend the bill in section 1 in paragraph A in the 
5th line from the end (page 1, line 15 in L.D.) by striking out 
the 
following: 
"$100,000" 
and 
inserting 
in its place 
the 
following: 
'$70,000' 
Further amend the bill 
2nd line from the end (page 
the 
following: 
"$50,000" 
following: 
'$35,000' 
in section 1 in paragraph A in the 
1, line 18 in L.D.) by striking out 
and 
inserting 
in its 
place 
the 
Further amend the bill in section 1 in paragraph A in the 
last line 
(page 
1, 
line 
in L.D.) 
by striking out the 
foilowing: 
"$100,000" and inserting in its place the following: 
'$70,000' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. 14 MRSA §4422, sub-§I, 11'8, as enacted by PL 1989, c. 
286, §1, is amended to read: 
Page l-LRI320(2) 
COMMITTEE AMENDMENT 
~ftJ 
~ 
COMMITTEE AMENDMENT "R· to H.P. 202, L.D. 247 
B. 
The debtor' s aggregate interest, not to exceed 
$~gTggg 
$70,000 in value, in property described in paragraph A, if 
the debtor or a dependent of the debtor is either a person 
years of age or older or a person physically or mentally 
disabled and because of such disability is unable to engage 
in substantial gainful employment and whose disability has 
lasted or can be expected to last for at least 12 months or 
can be expected to result in death; provided that if the 
debtor's interest is held jointly with any other person or 
persons, the exemption eaa;!,;!, !'!laY not exceed in value the 
lesser of $~gTggg $70,000 or the product of the fractional 
share of the debtor's interest times 
$*~gTggg $140,000. 
This paragraph does not apply to liens obtained prior to its 
effective date or to judgments based on torts involving 
other than ordinary negligence on the part of the debtor. 
SUMMARY 
This amendment replaces the homestead exemption increases 
proposed by the bill by smaller increases. 
Under this amendment, 
$35,000 of a debtor's residence or 
burial plot is exempt from attachment in a civil proceeding. 
The 
value of the residence that is exempt is $70,000 if the debtor's 
minor dependents reside there as well. 
If the property is owned 
jointly, the value of property exempt is the lesser of $35,000 or 
the product of the debtor's fractional share of the interest 
times $70,000. 
This 
amendment 
makes 
similar 
changes 
to 
the 
homestead 
exemption for a residence or burial plot of debtors or debtors 
who have a dependent who is at least 60 years old or physically 
or mentally disabled. 
The disability must be such that the 
person can not engage in substantial gainful employment and the 
disability has lasted or can be expected to last at least 12 
months or can be expected to result in death. 
In these cases, 
the residence or burial exemption from attachment is increased to 
$70,000. 
If the property is owned jointly, the value of property 
exempt is the lesser of $70,000 or the product of the debtor's 
fractional share of the interest times $140,000. 
COMMITTEE AMENDMENT