Bankruptcy Exemptions in Arizona
In a bankruptcy, certain assets are protected by laws called “exemptions.” If an asset is exempt, a debtor is allowed to keep that item if he files for bankruptcy. Typically, an asset can only be protected if the court determines that its value is under a certain maximum limit. Arizona, like some states, has chosen to create its own list of exemptions rather than follow the list of exemptions created by the federal government. The choice to create its own exemptions makes Arizona friendlier to debtors than states following the federal guidelines because Arizona’s exemptions include more assets and greater allowable values than the standard, federal list of exemptions.
Even if you file for bankruptcy, your home may still be protected. The homestead exemption can be used to protect the primary resident of the single or married debtor. The debtor will be allowed to keep up to $150,000 in home equity, as well. If the debtor has more equity, the debtor might be ordered to pay the excess equity to the bankruptcy court. If this excess is not paid, it is more likely that the bankruptcy could be dismissed. A bankruptcy trustee might decide the best course of action is to force a sale of the home. If this happens, the debtor is still allowed to keep the $150,000 in equity. Any excess will be used to pay creditors. This helpful exemption may be used only once when filing for bankruptcy.
Another exemption pertains to vehicles. This vehicle exemption allows a debtor to keep his or her vehicle provided that it has less than $5,000 in equity. Married couples are allowed two $5,000 exemptions that can be applied toward two vehicles. Any amount of equity beyond the allowed $5,000 follows the same rules as the aforementioned homestead exemption.
Personal property exemptions include items such as appliances, household furniture and furnishings. Married couples can protect up to $8,000 in assets, while single debtors may protect up to $4,000 of assets. These items are assessed at their used value, rather than if they were new items. A detailed list of all of these personal assets must be given to the court.
Bankruptcy laws also protect some miscellaneous assets. Among these items is equipment, such as tools, that can be used for commercial activities. Other items include clothing, wedding jewelry, weapons, books, musical instruments, hobby-related items and certain life insurance earnings. Specific values for each of these items have been set by bankruptcy codes.
For those who worry about retirement, it will be some comfort to note that several retirement-based assets are protected by bankruptcy laws with no value restrictions. However, these must be qualified types of assets, including 401k, state retirement funds, IRAs and other similar assets.
If an asset does not have a present, vested value at the time of filing, then typically it is protected under the bankruptcy code. Such assets include annuities that are not yet vested, future interest in a business as established by the corporate bylaws, and employee stock purchase plans that are not yet vested.