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ALASKA EXEMPTION LIST

How to use this table of exemptions, by Attorney Thomas A. Prediletto.

The following is a summary of the Alaska exemptions that can be claimed (used) to exempt both your real and personal property in a bankruptcy petition. However, if your residence has not been continuously in the state of Alaska for the two years prior to filing a bankruptcy petition, there are laws that apply as to which state or federal exemptions may be used.

Exempt property of a debtor is property of the debtor that is not available to be used (sold) to pay his/her unsecured creditors and is not subject to the claims of unsecured creditors, but may be subject to the rights of secured creditors and lien holders. When reviewing the list for exemptions for your own property you should be aware that there may not be a “matching” exemption. Some state exemptions contain a “wildcard” which can be used if a matching exemption cannot be found in the list of exemptions. Also, an individual must own an interest in the property to claim the property as exempt.

The debtor may exempt the equity (value of property less the total amount owed against it) however; any equity value in the property above the exemption amount may be subject to the claims of unsecured creditors.

By way of example, if you own a home worth $250,000 and owe a total of $200,000 against it (combining all mortgage/home equity lines of credit and/or liens against the property) the amount of equity you would need to protect is $50,000. So long as the homestead exemption is more than $50,000 the full amount of the equity is exempt and not subject to the claims of your unsecured creditors. In the alternative, say the home is worth $250,000 and you only owe $100,000 against it, anything over the exemption amount is subject to the claims of the unsecured creditors.

The same type example would apply to a motor vehicle, though the exemption for a motor vehicle is less than the amount of the exemption for a home.

Please note that all of the exemptions may be doubled if a married couple is filing, with the exception of the homestead exemption.

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Description LAW Max
Individual
Amount
Max
Joint Amount
Advance College Tuition Savings Contracts AS §09.38.015 UNLIMITED
Advance College Tuition Savings Contracts AS §09.38.015 UNLIMITED
Aid To Dependent Children AS § 47.25.210, 47.25.550 UNLIMITED
Alaska Temporary Assistance Program AS § 47.27.045 UNLIMITED
Burial Plots, Health Aids, Medical Benefits AS § 9.38.015(a) UNLIMITED
Cash & Liquid Assets Of Resident AS § 9.38.030(b), 8 AAC 95.030(d),(e) UNLIMITED
Cemetery Lots AS §10.30.120 UNLIMITED
Child Support Collections AS §09.38.015 UNLIMITED
Child Support Installments Paid By Empl. AS § 25.24.160 UNLIMITED
Earnings Of Resident Debtor ($456 (for periodic wage earner) AS § 9.38.030(a), 8 AAC 95.030(d), (e) UNLIMITED
Elected Public Officers’ Retirement Benefits AS §09.38.015 UNLIMITED
Fraternal Benefits Society Benefits AS § 21.84.240 UNLIMITED
Homestead AS § 9.38.010, 8 AAC 95.030(a) $70,200.00 $70,200.00
Household Goods, Clothes, Books, Musical Instrument, Heirlooms AS § 9.38.020(a), 8 AAC 95.030(b) $3,900.00 $7,800.00
Jewelry AS § 9.38.020(b), 8 AAC 95.030(b) $1,300.00 $2,600.00
Judicial Retirement AS §§ 9.38.015, 22.25.100 UNLIMITED
Life Insurance - Accrued Dividend & Loan Values AS § 9.38.025(a), 8 AAC 95.030(c)) $13,000.00 $26,000.00
Liquor License AS §09.38.015 UNLIMITED
Longevity Bonus AS § 47.45.120(b); 9.38.015 UNLIMITED
Materials Furnished By Mechanics AS § 34.35.105 UNLIMITED
Military Retirement Benefits AS §26.05.224 UNLIMITED
Motor Vehicle AS § 9.38.020(e), 8 AAC 95.030 $3,900.00 $7,800.00
Pets AS § 9.38.020(d), 8 AAC 95.030(b) $1,300.00 $2,600.00
Property - Tenants By Entireties Or Tenants In Common AS §09.38.100(a) UNLIMITED
Pub. Emp. Ret. Sys. Contributions AS § 39.35.500 UNLIMITED
Public Assistance AS §§ 9.38.015, 47.25.210, 47.25.550 UNLIMITED
Public Employees’ Retirement AS §§ 9.38.015, 47.25.210 UNLIMITED
Real Property Held By Cemetery Association AS §09.38.015 UNLIMITED
Retirement Plans - Assets And Benefits AS § 9.38.017(a) UNLIMITED
Senior Care Benefit AS §§ 47.45.300-47.45.390 UNLIMITED
Specific Partnership Property AS § 9.38.100(b) UNLIMITED
State Disability, Unemployment, Retirement, etc. Benefit AS § 9.38.015(b), 14.25.200, 23.20.405,22.25.100, 47.25.210 UNLIMITED
Supplemental Annuity Plan AS § 39.30.162 UNLIMITED
Teachers’ Retirement AS §§ 9.38.015, 14.25.200 UNLIMITED
Tenancies By The Entireties AS § 34.15.140 UNLIMITED
Tools Of Trade - Books, Implements AS § 9.38.020(c) $3,640.00 $7,280.00
Tuition Credit Or Savings Accounts AS §09.38.015 UNLIMITED
Twenty Percent Of “Permanent Fund” Dividends AS §09.38.015 UNLIMITED
Unemployment Compensation AS §§ 9.38.015, 23.20.450, 23.20.165 UNLIMITED
Violent Crimes Compensation Award AS §09.38.015 UNLIMITED
Worker’s Compensation Benefits AS § 23.30.160, 23.20.405 UNLIMITED