Arizona Bankruptcy Exemptions
Arizona has its own set of exemptions that you may use when filing for Chapter 7 or Chapter 13 bankruptcy. Exemptions determine what property you may keep in a Chapter 7 bankruptcy, and how much you must pay to certain creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions. In Arizona, the state law exemptions are required.
Unless noted otherwise, if a couple is married and filing jointly in Arizona, each spouse may claim the full amount of each exemption. This is informally called “doubling.”
Unless otherwise noted, all law references are to the Arizona Revised Statutes.
33-1101 - Up to $150,000. Includes apartments and mobile homes; and sale proceeds up to 18 months after sale, or new home purchased, whichever occurs first. Husband and wife may not double. May record homestead declaration. §33-1102.
12-592 - Wrongful death awards.
32-1391.05 - Funeral deposits up to $5,000.
33-1123 - Household furniture and appliances not covered by other exemptions, up to 6,000 total.
33-1124 - Food and fuel for 6 months.
33-1125 - Motor vehicle up to $6,000 (or $12,000 if disabled); clothing to $500; pets, horses, milk cows and poultry to $800; books to $250; wedding and engagement rings to $2,000; musical instruments to $400; watch to $150; health aids; and up to $1,000 total for bicycle, sewing machine, typewriter, computer, burial plot, firearm, and bible.
33-1126 - Proceeds for sold or damaged exempt property; prepaid rent or security deposit to lesser of $2,000 or 1.5 times rent (only if not claiming homestead); bank deposit to $300 in one account.
33-1131 - 75% of earned but unpaid net wages or 30 times the federal minimum hourly wage. 50% of wages for support orders. Judge may allow more for low-income debtors.
11 U.S.C. § 522 - Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans).
11 U.S.C. § 522(b)(3)(C)(n) - IRAS and Roth IRAs to $1,283,025. (This amount is set by federal law. See Federal Bankruptcy Exemptions for updates on this dollar amount.)
9-931 - Police officers.
9-968 - Firefighters.
15-1628 - Members of board of regents as well as administrative officers and faculty under the board's jurisdiction.
33-1126 - ERISA-qualified benefits, if deposited more than 120 days before filing. IRAs & Roth IRAs.
38-762 - Retirement and disability of state employees.
41-955 - Rangers.
48-227 - District employees.
38-850(c) - Public Safety Personnel Retirement System.
23-783 - Unemployment compensation.
23-1068 - Workers' compensation.
46-208 - Welfare benefits.
Tools of Trade
33-1127 - Teaching aids of a teacher.
33-1130 - Tools, equipment and books up to $5,000; Farm machinery, utensils, instruments of husbandry, feed, seed, grain and animals up to a total value of $2,500; and arms, uniforms and equipment you are required by law to keep. (Subject to doubling)
20-877 - Fraternal benefit society benefits.
20-1131 - Life insurance proceeds if you have owned it at least 2 years and the beneficiary is a spouse or child.
20-1132 - Group life insurance policy or proceeds.
33-1126 - Life insurance proceeds if beneficiary is spouse or child, up to $20,000. Disability, accident or health benefits. Proceeds or cash value of life insurance or annuity contract if the beneficiary is a dependent member of the family and the contract has been owned longer than 2 years.
33-1126 - Alimony or child support. Minor child's earnings if debt is not for child.
This list includes the majority of bankruptcy exemptions available in Arizona. However, it may not include all exemptions, and states often create exceptions to specific exemptions. In addition, Arizona may have changed the amounts since this list was last updated. Our firm will confirm the available exemptions upon the filing of your case.
The Federal Nonbankruptcy Exemptions
All code references are to 11 U.S.C. (Title 11 of the United States Code).
5 USC § 8346 - Civil Service employees.
22 USC § 4060 - Foreign service employees.
10 USC § 1440 - Military service employees.
45 USC § 231m - Railroad workers.
42 USC § 407 - Social Security benefits.
38 USC § 3101 - Veteran's benefits.
50 USC § 403 - CIA employees.
38 USC § 1562(c) - Military Medal of Honor Roll pensions.
10 USC § 1450 - Military service.
28 USC § 376 - Judges, U.S. court directors, judicial center directors, and U.S. Supreme Court Chief Justice's administrative assistants.
33 USC. §775 - Lighthouse workers.
Death and Disability Benefits
5 USC § 8130 - Government employees.
33 USC § 916 - Longshoremen, harbor workers.
42 USC § 1717 - War, risk, hazard, death, or injury compensation.
10 USC § 1035 - Military deposits to savings accounts (while on permanent duty outside the U.S.).
15 USC § 1673 - 75% of earned but unpaid wages or 30 times the federal minimum hourly wage; the greater of these two. (Judge may approve more.)
25 USC § 410 - Indian lands or homestead sales or lease proceeds.
25 USC § § 543 & 545 - Klamath Indian tribe benefits for those living in Oregon; agricultural or grazing lands to $5,000.
38 USC § 1970(g) - Military group life insurance
45 USC § 352(e) - Railroad workers' unemployment
46 USC § 11110 - Seamen's clothing
46 USC § 11111 - Debts of a seaman incurred while on a voyage
46 USC § 11109 - Seamen's wages (except for spousal or child support)
38 USC §1970(g) - Life insurance benefits for serviceman's Group Life Insurance or Veteran's Group Life Insurance
Nevada Bankruptcy Exemptions
Nevada has its own set of exemptions that you may use when filing for Chapter 7 or Chapter 13 bankruptcy. Exemptions determine what property you may keep in a Chapter 7 bankruptcy, and how much you must pay to certain creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions. In Nevada, the state law exemptions are required.
Unless noted otherwise, if a couple is married and filing jointly in Nevada, each spouse may claim the full amount of each exemption. This is informally called “doubling.”
21.090(1)(l), (m); 115.010; 115.020 - Real property or mobile home up to $550,000. Spouses may not double. Must record a homestead declaration before filing for bankruptcy (115.020).
21.090(1)(f) - Motor vehicle up to $15,000 (no limit if equipped for the disabled)
21.090(1)(b) - Household goods, wearing apparel, furniture, appliances, home and yard equipment up to $12,000 total.
21.090(1)(a) - Books, jewelry, musical instruments, and works of art up to $5,000 total; all pictures and keepsakes.
21.090(1)(q) - Medically-prescribed health aids.
21.090(1)(u) - Personal injury compensation up to $16,150.
21.090(1)(v) - Wrongful death awards for survivors.
21.090(1)(x) - Restitution received for a criminal act.
21.090(1)(aa) - Earned state and federal income tax credit refunds.
21.090(1)(bb) - Stock in certain closely-held corporations.
21.100 - Metal-bearing ores, geological specimens, paleontological remains or art curiosities (must be arranged, classified, cataloged, and numbered in reference books).
645B.180 - Mortgage impound accounts.
689.700; 21.090(1)(ff) - Funeral service contract money and burial plot purchase money held in trust.
21.090(1)(g) - The greater of the following: 50 times the federal minimum hourly wage per week or minimum of 75% of disposable weekly earnings. Judge may approve more for low-income debtor.
In re Christensen, 149 P.3d 40 (2006)
11 U.S.C. § 522 - Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans).
11 U.S.C. § 522(b)(3)(C)(n) - IRAS and Roth IRAs to $1,283,025.
286.670; 21.090(1)(ii) - Public employees.
422.291; 21.090(1)(kk); 615.270 - Aid to blind, aged and disabled; public assistance.
21.090(1)(ll)- Public assistance for children.
612.710; 21.090(1)(hh) - Unemployment compensation.
615.270; 21.090(1)(jj) - Vocational rehabilitation benefits.
616C.205; 21.090(1)(gg) - Industrial insurance (worker's compensation).
Tools of Trade
21.090(c), (d), (e), and (i) - Tools, materials, library, equipment, inventory and supplies up to $10,000; farm trucks, equipment, tools, stock and seed up to $4,500; cabin or dwelling of a miner or prospector, cars, implements and appliances for mining and a mining claim you work up to $4,500; arms, uniforms, and accoutrements you are required to keep.
21.090(1)(k) - Life insurance policy or proceeds.
687B.260 - Life insurance proceeds if you are not insured.
687B.270 - Health insurance proceeds or avails.
687B.280 - Group life or health policy or proceeds.
687B.290 - Annuity contract proceeds.
695A.220 - Fraternal benefit society benefits.
21.090(1)(ee) - Private disability insurance proceeds.
21.090(1)(n) - Security deposits on a rental residence. A landlord can enforce the terms of the lease or rental agreement, however.
21.090(1)(s) and (t) - Alimony and child support (if ordered by a court).
87.250(2c) - Particular business partnership property.
21.090(1)(z) - $1,000 of any personal property.
This list includes the majority of bankruptcy exemptions available in Nevada. However, it may not include all exemptions, and states often create exceptions to specific exemptions. In addition, Nevada may have changed the amounts since this list was last updated. Our firm will confirm the available exemptions upon the filing of your case.