Arkansas State Exemption List

Under Arkansas bankruptcy law you can use the exemptions found in the United States bankruptcy code (11 U.S.C. § 522(d)) or the Arkansas State exemptions outlined in Arkansas bankruptcy law.

In Arkansas, there are certain federal exemptions that can be used in addition to the Arkansas state exemptions. There are also several supplemental federal exemptions that may also be used if you choose the state exemptions these exemptions relate to retirement benefits, Survivor’s benefits and death and disability benefits. It is important to discuss your exemptions with an Arkansas Bankruptcy Attorney.

The exemption list below outlines the Arkansas State exemptions. These exemptions are for personal property and assets that are excluded from the Arkansas bankruptcy petition, allowing you to have enough assets to start over financially. Unsecured creditors will not be able to claim these assets. Not all property or personal assets will match an exemption.

There may be rules concerning the allowable Arkansas exemptions if you have not lived in the state of Arkansas for the previous two years prior to filing bankruptcy. It is important to discuss all your concerns and questions about exemptions with an Arkansas Bankruptcy Lawyer prior to filing personal bankruptcy in Arkansas.

Exemptions Exemption Amount Statutes

Homestead

You can choose option one or two, but not both

Rural homestead: up to 160 acres not to exceed $2500 value; and homestead is no less than 80 acres without regard to value (husband and wife may not double, In re Stevens, 829 F.2d 693 (8th Cir. 1987))

Urban homestead: up to 1 acre not to exceed $2500 value; and homestead is no less than 1/4 acre without regard to value

Constitution

9-3, 9-4, 9-5;

16-66-210,

16-66-218(b)(3), (4)

  2.) Real or personal property used as residence, to $800 if single; $1,250 if married 16-66-218(a)(1)
Miscellaneous Property of business partnership 4-42-502
Insurance Annuity contract 23-79-134
  Disability benefits 23-79-133
  Fraternal benefit society benefits 23-74-403
  Group life insurance 23-79-132
  Life, health, accident or disability cash value or proceed paid or due (limited to the $500 exemption provided by §§ 9-1 and 9-2 of the Arkansas Constitution, In re Holt, 97 B.R. 997 (W.D. Ark. 1988).) 16-66-209
  Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors 23-79-131
  Life insurance proceeds or avails if beneficiary isn’t the insured 23-79-131
  Mutual assessment life or disability benefits to $1,000 23-79-114
Pensions Stipulated insurance premiums 23-71-112
  Disabled firefighters 24-11-814
  Disabled police officers 24-11-417
  Firefighters 24-10-616
  IRA deposits to $20,000b if deposited over 1 year before filing bankruptcy 16-66-218(b)(16)
  Police officers 24-10-616
  School employees 24-7-715
  State police officers 24-6-202, 24-6-205, 24-6-223
Personal Property Burial plot to 5 acres, in lieu of homestead option 2 16-66-207, 16-66-218(a)(1)
  Clothing Constitution 9-1, 9-2
  Motor vehicle to $1,200 16-66-218(a)(2)
  Wedding bands; any diamond can’t exceed ½ carat 16-66-218(a)(3)
Public Benefits Aid to blind, aged, disabled, AFDC 20-76-430
  Crime victim’s compensation unless seeking to discharge debt for treatment of injury incurred during the crime 16-90-716(e)
  Unemployment compensation 11-10-109
  Workers’ compensation 11-9-110
WAGES Earned but unpaid wages due for 60 days; in no event under $25 per week 16-66-208, 16-66-218(b)(6)
TOOLS OF TRADE Implements, books and tools of trade to $750 16-66-218(a)(4)
WILD CARD $500 of any personal property if married or head of family; else $200

Constitution 9-1, 9-2;

16-66-218(b)(1), (2)
     

Failure to pay certain non-exempt debts such as mortgage payments, deeds of trust, or tax liens may result in continued collection efforts from creditors. Certain debts will not be discharged by filing bankruptcy in the state of Arkansas.

For more information call us at 866-210-1722 or fill out the form below.
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