Utah Bankruptcy Exemptions
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Written by
Jeffrey Johnson
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UPDATED: Nov 16, 2020
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| Assets | Exemption | State Statutes |
|---|---|---|
| Homestead | Must file homestead declaration before attempted sale of home. | Utah Code Ann. § 78B-5-504 |
| Real property, mobile home, or water rights to $30,000 if primary residence; $5,000 if not primary residence (joint owners may double). | Utah Code Ann. § 78B-5-503 (1),(2),(4) | |
| Sale proceeds exempt for 1 year. | Utah Code Ann. § 78B-5-503 (5)(b) | |
| Insurance | Disability, illness, medical, or hospital benefits. | Utah Code Ann. § 78B-5-505 (1)(a)(iii) |
| Fraternal benefit society benefits. | Utah Code Ann. § 31A-9-603 | |
| Life insurance policy contracts proceeds and avails excluding payments made on contract one year prior to filing. | Utah Code Ann. § 78B-5-505 (1)(a)(xiii) | |
| Life insurance proceeds if beneficiary is insured’s spouse or dependent, as needed for support. | Utah Code Ann. § 78B-5-505 (1)(a)(xi) | |
| Medical, surgical, and hospital benefits. | Utah Code Ann. § 78B-5-505 (1)(a)(iv) | |
| Misc. | Child support. | Utah Code Ann. § 78B-5-505 |
| Child support & Alimony needed for support. | Utah Code Ann. § 78B-5-505 (1)(a)(vi),(vii) | |
| Property of business partnership. | Utah Code Ann. § 48-1-22 | |
| Pensions & Retirement Savings | ERISA-qualified benefits, IRAs, Keoghs (benefits that have accrued & contributions that have been made at least 1 year prior to filing). | Utah Code Ann. § 78B-5-505 (1)(a)(xiv) |
| Public employees. | Utah Code Ann. § 49-11-612 | |
| Personal Property | Animals, books, and musical instruments. | Utah Code Ann. § 78B-5-506 (1)(c) |
| Artwork depicting, or done by, a family member. | Utah Code Ann. § 78B-5-505 (1)(a)(ix) | |
| Bed, bedding, carpets. | Utah Code Ann. § 78B-5-505 (1)(a)(viii) | |
| Burial plot. | Utah Code Ann. § 78B-5-505 (1)(a)(i) | |
| Clothing (cannot claim furs or jewelry). | Utah Code Ann. § 78B-5-505 (1)(a)(viii) | |
| Dining & kitchen tables & chairs. | Utah Code Ann. § 78B-5-505 (1)(b) | |
| Food to last 12 months. | Utah Code Ann. § 78B-5-505 (1)(a)(viii) | |
| Health aids. | Utah Code Ann. § 78B-5-505 (1)(a)(ii) | |
| Heirlooms. | Utah Code Ann. § 78B-5-505 (1)(d) | |
| Motor vehicle to $3,000. | Utah Code Ann. § 78B-5-506 (3) | |
| Personal injury, wrongful death recoveries for you or person you depended on. | Utah Code Ann. § 78B-5-505 (1)(a)(x) | |
| Proceeds for sold, lost, or damaged exempt property. | Utah Code Ann. § 78B-5-507 | |
| Refrigerator, freezer, microwave, stove, sewing machine, washer & dryer. | Utah Code Ann. § 78B-5-505 (1)(a)(viii) | |
| Sofas, chairs, & related furnishings to $500. | Utah Code Ann. § 78B-5-506 (1)(a) | |
| Public Benefit | General assistance. | Utah Code Ann. § 35A-3-112 |
| Occupational disease disability benefits. | Utah Code Ann. § 34A-3-107 | |
| Veterans’ benefits. | Utah Code Ann. § 78B-5-505 (1)(a)(v) | |
| Workers’ compensation. | Utah Code Ann. § 34A-2-422 | |
| Tools of Your Trade | Implements, books, & tools of trade to $5,000. | Utah Code Ann. § 78B-5-506 (2) |
| Military property of National Guard member. | Utah Code Ann. § 39-1-47 | |
| Wages | Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. | Utah Code Ann. § 70C-7-103 |
| Wildcard | None listed. |
Resources:
Utah Bankruptcy Attorneys