Utah State Exemption List
Only State Exemptions Allowed
In the state of Utah, you can not choose the federal bankruptcy list and must use the State of Utah Bankruptcy Exemption List. There may be certain federal supplemental exemptions you can use too. All exemptions should be discussed with your Utah Bankruptcy Attorney.
Utah has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Utah. There may be certain residency requirements to use the State of Utah Bankruptcy Exemption List.
The following table will outline the Utah Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption.
|
Exemptions
|
Exemption Amount
|
Statutes
|
| Homestead |
Real property, mobile home or water rights to $10,000 (joint owners may double)
Must file homestead declaration before attempted sale of home |
78-23-3
78-23-4 |
| Tools of Trade |
Implements, books & tools of trade to $3,500
Military property of National Guard member
Motor vehicle to $2,500 |
78-23-8(2)
39-1-47
78-23-8(3) |
| Wages |
Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors |
70C-7-103 |
| Wild Card |
None |
|
| Public Benefits |
AFDC
Crime victims’ compensation
General assistance
Occupational disease disability benefits
Unemployment compensation
Veterans’ benefits
Workers’ compensation |
17-13-9
63-63-21
55-15-32
35-2-35
35-4-18
78-23-5(1) (e)
35-1-80 |
| Insurance |
Disability, illness, medical or hospital benefits
Fraternal benefit society benefits
Life insurance policy cash surrender value to $1500
Life insurance proceeds if beneficiary is insured’s spouse or dependent, as needed for support |
78-23-5(1) ( c), (d)
31A-9-603
78-23-7
78-73-6(2) |
| Miscellaneous |
Alimony needed for support
Child support
Property of business partnership |
78-23-5(1) (k), 78-23-6(1)
78-23-5(1) (f), (k)
48-1-22 |
| Pensions |
ERISA-qualified benefits
Public employees
Other pensions needed for support |
78-23-5(1) (j)
49-1-609
78-23-6(3) |
| Personal Property |
Animals, books & musical instruments to $500 total
Artwork depicting, or done by, family member
Bed, bedding, carpets, washer & dryer
Burial plot
Clothing (cannot claim furs or jewelry)
Food to last 3 months
Furnishings & appliances to $500
Health aids needed
Heirloom or other sentimental item to $500
Motor Vehicle to $2,500
Personal injury recoveries for you or person you depended on
Proceeds for damaged exempt property
Refrigerator, freezer, microwave, stove & sewing machine
Wrongful death recoveries for person you depended on |
78-23-8(1) (b)
78-23-5(1) (h)
78-23-5(1) (g)
78-23-5(1) (a)
78-23-5(1) (g)
78-23-5(1) )g)
78-23-8(1) (a)
78-23-5(1) (b)
78-23-8(1) ( c)
78-23-8(2)
78-23-5(1) (I)
78-23-9
78-23-5(1) (g)
78-23-5(1) (i) |