Idaho Bankruptcy Exemption List

Only State Exemptions Allowed

In the state of Idaho you can not use the federal bankruptcy exemption list but must choose the Idaho Bankruptcy exemptions. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your Idaho Bankruptcy Attorney.

Idaho has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Idaho. There may be certain residency requirements to use the State of Idaho Bankruptcy Exemption List.

The following table will outline the Idaho Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption.

Exemptions Exemption Amount Statutes
Homestead Real property or mobile home to $50,000 (does not double for joint debtors); sale proceeds exempt for six months 55-1001, 55-1002, 55-1003, 55-1003
  Must record homestead exemption for property that is not yet occupied 55-1004
Wages Minimum 75% of earned but not paid wages, pension payments; bankruptcy judge may authorize more for low-income debtors 11-207
Miscellaneous Alimony, child support needed for support 11-604(1)(b)
  Liquor licenses 23-514
  Property of business partnership 53-325
Insurance Annuity contract proceeds to $350 per month 41-1836
  Death or disability benefits 11-604(1)(a), 41-1834
  Fraternal benefit society benefit 41-3218
  Group life insurance benefits 41-1835
  Homeowners’ insurance proceeds to amount of homestead exemption 55-1008
  Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors 41-1930
  Life insurance proceeds or avails for beneficiary or other than the insured 11-604(d), 41-1833
  Medical, surgical or hospital care benefits 11-603(5)
Tools of the Trade Arms, uniforms and accoutrements that peace officer, national guard or military personnel is required to keep 11-605(5)
  Implements, books and tools of trade to $1,500 11-605(3)
Pensions
More information under wages
ERISA-qualified benefits 55-1101
  Firefighters 72-1422
  Police officers 50-1517
  Public employees 59-1317
  Other pensions needed for support; payments can not be mixed with other money 11-604(1)(e)
Personal Property Appliances, furnishings, books, clothing, pets, musical instruments, one firearm, family portraits and sentimental heirlooms to $500 per item, $5,000 total 11-605(1)
  Building materials 45-514
  Burial plots 11-603(1)
  Crops cultivated by debtor on maximum 50 acres, to $1,000; includes water rights of 160 inches 11-605(6)
  Health aids needed 11-603(2)
  Jewelry to $1000 11-605(2)
  Motor vehicle to $3,000 11-605(3)
  Personal injury recoveries needed for support 11-605(1)(c)
  Proceeds for damaged exempt property for three months after proceeds received 11-606
  Wrongful death recoveries needed for support 11-604(1)(c)
  one firearm up to $500 11-605(7)
Public Benefits Aid to blind, aged, disabled, AFDC 56-223
  Federal, state and local public assistance 11-603(4)
  Veterans’ benefits 11-603(3)
  Workers’ compensation 72-802
  General assistance 56-223
  Social security 11-603(3)
  Unemployment compensation 11-603(6)
Wild Card aggregate interest in any
tangible personal property up to $800
11-605(10)
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