Utah Bankruptcy Exemptions

This list of exemptions updated August 2007. All law references are to Utah Code unless otherwise noted. Federal bankruptcy exemptions are not available in Utah.

Homestead

78-23-3 - Real property, mobile home or water rights up to $5,000 if the property is not debtor's primary personal residence; up to $20,000 if the property is debtor's primary personal residence. Proceeds of sale exempt for 1 year.

78-23-4 - Before the attempted sale of home, a homestead declaration must be filed.

Personal Property

78-23-5 - Clothing, except furs and jewelry; refrigerator, freezer, stove, microwave oven, washer, dryer, and sewing machine; health aids; food to last 12 months; beds and bedding; carpets; artwork done by, or depicting, a family member; burial plot; personal injury recoveries for yourself or a person you depend upon; wrongful death recoveries for a person you depended upon.

78-23-8 - Motor vehicle up to $2,500; sofas, chairs, and related furnishings for one household up to $500; dining and kitchen tables and chairs for one household up to $500; animals, books, and musical instruments up to $500; heirlooms or other items of sentimental value up to $500.

78-23-9 - Proceeds for damaged personal property.

Wages

70C-7-103 - The greather of the following: Either 30 times the federal hourly minimum wage or minimum of 75% of disposable weekly income. Judge may approve more for low income debtor.

Pensions

11 U.S.C. § 522 - Tax exempt retirement account; Traditional or Roth IRAs up to $1,095,000 per person.

49-11-612 - Public employees.

78-23-5 - ERISA-qualified benefits, Keoghs, IRAs, and Roth IRAs if the contributions have been made and benefits have accrued more than 1 year before filing for bankruptcy.

78-23-6 - Any pension needed for support.

Public Benefits

34A-2-422 - Workers' compensation.

35A-3-112 - General assistance.

34A-3-107 - Occupational disease disability benefits.

63-25a-421 - Crime victims' compensation.

35A-4-103 - Unemployment compensation.

78-23-5 - Veterans' benefits.

Tools of Trade

39-1-47 - National Guard members' military property.

78-23-8 - Tools, books, and implements of trade up to $3,500.

Alimony and Child Support

78-23-5 - Child support and alimony needed for support.

Insurance

31A-9-603 - Fraternal benefit society benefits.

78-23-5 - Disability, illness, medical or hospital benefits.

78-23-5 - Life insurance proceeds if beneficiary is insured's spouse or other dependent, needed for support.

78-23-5 - Life insurance policy cash surrender value excluding payments that were made on the contract within the prior year.

78-23-5 - Hospital, medical and surgical benefits.

Miscellaneous

48-1-22 - Business partnership property.

Other - Add any applicable Federal Nonbankruptcy Exemptions

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