National Divorce & Bankruptcy Center

Utah Bankruptcy Property Exemptions:
What You Can Keep

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EXEMPT PROPERTY: The property you can keep after bankruptcy.

Some property in many states is exempt regardless of its value i.e. "all personal possessions". Many states also have a 'wild card' exemption which can be applied to any type of property or split among several different items.

An exemption limit means that any equity above the limit is 'non-exempt'. Equity is the difference between the value of the property and what is owed on the property. For example, a car valued at $4000 with a lien of $3500 has an equity value of only $500 subject to exemption.

To keep non-exempt property, a debtor must generally pay the trustee the value of the non exempt property to be distributed to creditors.

Bankruptcy law allows married couples filing jointly to each claim a full set of exemptions doubling the exemptions. Unless otherwise noted in the following exemption list, married couples may double the exemption amount given.

Note: the value of property for bankruptcy exemption purposes has been generally accepted to be the Garage sale value of the property


UTAH STATE BANKRUPTCY EXEMPTIONS: Federal exemptions are not available.

Exemptions apply only to  the 'equity' interest in property. DOUBLE exemptions for
spouses filing jointly.

Homestead: Real property, mobile home or water rights to $8,000; may add $2,000 for spouse
and $500 for each dependant. Must file homestead declaration before attempted sale.

Insurance: Disability, illness, medical or hospital benefits, fraternal benefit society benefits, Life
insurance policy cash surrender value to $1500.

Misc.: Alimony needed for support, child support, property of business partnership

Pensions: ERISA qualified benefits, Public employees' pensions, Other pensions needed for
support (Utah Code 78-23-6(3)

Personal Property: Animals, books and musical instruments to $500 total; artwork depicting or
done by family member, bed, bedding, carpets, washer and dryer, burial plot, clothing (no furs or
jewelry), food for 3 months, furnishings and appliances to $500, Health aids, heirloom or other
sentimental item to $500, Proceeds for damaged exempt property, refrigerator, freezer, stove and
sewing machine; wrongful death recoveries for person you depended on.

Public benefits: AFDC, crime victim compensation, general assistance, occupation disease
disability benefits , unemployment compensation, veteran's benefits, worker's compensation
benefits.

Tools of Trade: Implements, books and tools of trade to $1500, ; military property of National
Guard member, Motor vehicle to $1500.

Wage: minimum of 75% of earned but unpaid wages. Judge may authorize more for low income
debtors.

Wild Card: none