Utah Bankruptcy Exemptions

Asset

Exemption Description

Utah Code Section

Case Law

Homestead

Real property, mobile home, or water rights up to $5K* if the property is not debtor's primary personal residence or up to $20K* if the property is debtor's primary personal residence. Proceeds of sale exempt for 1 year.

78B-5-503(2)

In re Scott (05)

In re Godfrey (08)

Water rights for homestead

78B-5-503(4)

Proceeds from sale of homestead

78B-5-503(5)

Declaration of homestead must be made before sale.

78B-5-504

Personal Property

Animals, books, and musical instruments ≤ $500*

78B-5-506(1)(c)

Artwork of or done by a family member

78B-5-505(1)(a) (ix)

Beds and bedding

78B-5-505(1)(a) (viii)(E)

Burial plot

78B-5-505(1)(a)(i)

Carpet

78B-5-505(1)(a) (viii)(B)

Clothes (not furs and jewelry)

78B-5-505(1)(a) (viii)(D)

Dining and kitchen tables and chairs ≤ $500*

78B-5-506(1)(b)

Food storage for 12 months

78B-5-505(1)(a) (viii)(C)

Freezer (1)

78B-5-505(1)(a) (viii)(A)(III)

Fridge (1)

78B-5-505(1)(a) (viii)(A)(II)

Health aids (reasonably necessary)

78B-5-505(1)(a)(ii)

Heirlooms / sentimental items ≤ $500*

78B-5-506(1)(d)

Microwave oven (1)

78B-5-505(1)(a) (viii)(A)(V)

Motor vehicle ≤ $2500* (not recreational)

78B-5-506(3)

Sewing Machine (1)

78B-5-505(1)(a) (viii)(A)(VI)

Stove (1)

78B-5-505(1)(a) (viii)(A)(IV)

Sofas, chairs, and related furnishings reasonably necessary for one household ≤ $500*

78B-5-506(1)(a)

Washer and dryer (1)

78B-5-505(1)(a) (viii)(A)(I)

Building / construction materials

38-1-23

Wages

Lesser of: (1) 75% of disposable income, or (2) 30 times the federal minimum hourly wage. Can be wages, commissions, accounts receivable

70C-7-103

URCP 64D

In re Beckstead (06)

Proceeds

Personal injury or wrongful death compensatory awards for you/dependants

78B-5-505(1)(a)(x)

Proceeds for damaged, sold, taken, lost, destroyed exempt property

78B-5-507

Proceeds from sale of homestead

78B-5-503(5)

Tools of the Trade

Implements, books & tools of trade ≤ $3,500

78B-5-506(2)

In re Tuttle (05)

Military property of National Guard member

39-1-47

Pensions /

Retirement

Money or assets relating to: (1) Qualified pension, profit-sharing and stock bonus plans; (2) Benefits for sickness, accident, hospitalization, and medical expenses of retired employees, their spouses and their dependents; (3) qualified employee annuities; (4) Individual retirements accounts (IRA); (5) Roth IRAs; (6) Qualified employee stock ownership plans; (7) Government pension plans; and (8) church pension plans.

78B-5-505(1)(a)(xiv)

In re Parks (00)

In re Hong (02)

In re Mount (02)

Excludes amounts contributed or benefits accrued by or on behalf of a debtor within one year before the debtor files for bankruptcy.

78B-5-505(1)(b)(ii)

In re Hong (02)

In re Mount (02)

Retirement plan of alternate payee under a Qualified Domestic Relations Order

78B-5-505(1)(a)(xv)

Utah Retirement System benefits

49-11-612

Support

Child support

78B-5-505(1)(a)(vi)

Spousal support as reasonably necessary for support

78B-5-505(1)(a)(vii)

Interest of, money, or assets payable pursuant to a qualified domestic relations order

78B-5-505(1)(a)(xv)

Insurance

Disability, illness, or unemployment benefits

78B-5-505(1)(a)(iii)

Medical, surgical, hospital care benefits

78B-5-505(1)(a)(iv)

Life insurance policy benefits/proceeds to debtor from policies existing for one year or more

78B-5-505(1)(a)(xi)

Life insurance policy benefits/proceeds to debtor’s dependents from policies existing for one year or more

78B-5-505(1)(a)(xii)

Unmatured life insurance contract proceeds/avails excluding payments within one year of creditor’s levy or execution

78B-5-505(1)(a)(xiii)

In Re Duffin

No exemption for life insurance contracts “assigned or pledged as collateral for repayment of a loan or other legal obligation.”

78B-5-505(2)

Fraternal society benefits

31A-9-603

Public Benefits

Crime victim’s compensation

63M-7-521

General Assistance

35A-3-112

Occupational disease disability benefits

34A-3-107

Unemployment compensation; except “debts incurred for necessaries furnished to the individual or the individual's spouse or dependents during the time when the individual was unemployed .”

35A-4-103(4)

Veteran’s benefits

78B-5-505(1)(a)(v)

Workers’ compensation

34A-2-422

Miscellaneous

Business partnership property: the interest in specific partnership property of a partner filing bankruptcy is exempt.

48-1-22(2)(c)