Utah Bankruptcy Exemptions

The chart below contains a summary of Utah state bankruptcy exemptions and other relevant statutory laws.
Click here for complete State of Utah bankruptcy exemptions laws.

Note: Federal bankruptcy exemptions are not available.

Personal exemptions allowed by Utah Bankruptcy Law

Note: Under the 2005 bankruptcy law, almost all types of tax-exempt retirement accounts are exempt in bankruptcy whether state or Federal exemptions are used. Exemptions for 401(k)s, 403(b)s, profit-sharing and money purchase plans, and defined benefit plans include the entire account amounts. However, with traditional and Roth IRAs, the exemption is limited to a total value of $1,171,650 per person for all accounts held by the debtor (not per account). The total value amount is adjusted every three years for inflation. The relevant statutes: 11 U.S.C. §522(d)(12) for Federal bankruptcy exemptions; 11 U.S.C. §522(b)(3)(C) for state bankruptcy exemptions.

Utah HomesteadReal property, mobile home, water rights to $20,000 for debtor’s primary residence; $5,000 if not debtor’s primary residence78B-5-503(1), (2), (4)
WagesMinimum 75% of disposable weekly earnings or 30 times the Federal hourly minimum wage (whichever is greater). Bankruptcy judge may authorize more for low-income debtors.70C-7-103
AutomobileUp to $2,50078B-5-506(3)
Other propertyDisability, illness, medical, or hospital benefits78B-5-505(1)(a)(iii)
Alimony (needed for support) and child support78B-5-505(1)(a)(vi), (f), (k)
Bed, bedding, carpets78B-5-505(1)(a)(viii)
Refrigerator, freezer, microwave, stove, sewing machine, washer and dryer78B-5-505(1)(a)(viii)
Burial plot78B-5-505(1)(a)(i)
Implements, books, and tools of trade to $3,50078B-5-506(2)

Note: While this reference information is current as of October 2010, it may not reflect the most up-to-date exemption figures on official state of Utah bankruptcy court statutes.

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