local: 1(385) 208-1933
 
 
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Salt Lake Office & Mailing Address:

Riverpark Office Complex
10808 South River Front Parkway
Suite 3032
South Jordan, UT 84095

Phone 385.208.1933

Fax 800.380.3894
 

Utah Exemption Act


UTAH EXEMPTION ACT
The Utah Exemptions Act sets forth the limitations that one can claim as exempt in a bankruptcy case.

Homestead (Primary Personal Residence):
     Individual Owners
     Joint Owners


78-23-3 (1) (a)
78-23-3 (1) (b)


$20,000
$40,000

Household Goods and Furnishings:
     Washer
     Dryer
     Refrigerator
     Freezer
     Stove
     Sewing Machine
     Carpets
     Provisions
     Wearing Apparel (except
     furs)
     Beds and Bedding
     Microwave

78-23-5 (1) (a) (vii)

No Limit

Sofas, Chairs and Related Furnishings

78-23-8 (1) (a)

$500

Dining & Kitchen Tables & Chairs

78-23-8 (1) (b)

$500

Animals, Books and Musical Instruments

78-23-8 (1) (c)

$500

Heirlooms or Items of Sentimental Value

78-23-8 (1) (d)

$500

Tools of Trade

78-23-8 (2)

$3,500

Motor Vehicle of Trade

78-23-8 (3)

$2,500

Child Support

78-23-5 (1) (a) (vi)

No Limit

Alimony Or Separate Maintenance

78-23-6 (1)

No Limit

Stock Bonus, Pension, Profit Sharing, or Annuity
(other than death or disability)

78-23-6 (3)

No Limit

Burial Plot

78-23-5 (1) (a) (i)

No Limit

Health Aids

78-23-5 (1) (a) (ii)

No Limit

Disability, Illness or Unemployment Benefits

78-23-5 (1) (a) (iii)

No Limit

Medical Benefits

78-23-5 (1) (a) (iv)

No Limit

Veterans Benefits

78-23-5 (1) (a) (v)

No Limit

Art Work of, or By, Debtor
(family pictures)

78-23-5 (1) (a) (viii)

No Limit

Compensatory Injury Proceeds

78-23-5 (1) (a) (ix)

No Limit

Death Benefits
(Spouse or dependent)

78-23-6 (2)

No Limit

Unmatured Life Insurance Contracts

78-23-7

$1,500

Retirement Plan, Individual Retirement Account

78-23-5 (1) (a) (x)

No Limit

Wages

U.S.C. 15 § 1673

Half of earnings 30 days prior to filing, but not less than $50 per month

Calculating Exemptions

In determining whether property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth now. Especially for furniture and cars, this may be a lot less than what you paid or what it would cost to buy a replacement.

You also need to look at your equity in property. This means that you count your exemptions against the full value minus any money that you owe on mortgages or liens. For example, if you own a $50,000 house with a $40,000 mortgage, you count your exemptions against the $10,000 which is your equity if you sell it.

While your exemptions allow you to keep property even in a Chapter 7 case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind in payments. In a Chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law. In most cases, you will have to pay the mortgages or liens as you would if you didn't file bankruptcy.