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UTAH EXEMPTION LIST

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

The following is a summary of the Utah 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 Utah 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.

To view Utah exemption list and amounts available, click here or scroll down the page. To view Utah Codes, visit Justia US Laws - Utah Code.

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Description LAW Max
Individual
Amount
Max
Joint
Amount
Animals, books, and musical instruments UCA § 78B-5-506(1)(c ) $500.00 $1,000.00
Beds and bedding UCA § 78B-5-505(1)(a)(viii)(E) UNLIMITED
Benefits -  Utah State Retirement And Insurance Benefit Act UCA § 49-11-612 UNLIMITED
Burial Plot UCA § 78B-5-505(1)(a)(i) UNLIMITED
Carpets UCA § 78B-5-505(1)(a)(viii)(B) UNLIMITED
Child Support Payments UCA § 78B-5-505(1)(a)(vi) UNLIMITED
Crime victim compensation UCA § 63-25A-421 UNLIMITED
Dining and kitchen tables and chairs UCA § 78B-5-506(1)(b) $500.00 $1,000.00
Disability, Illness, Unempl. Benefits UCA § 78B-5-505(1)(a)(iii) UNLIMITED
Fraternal Benefit Society Benefits UCA § 31A-9-603 UNLIMITED
Health Aids UCA § 78B-5-505(1)(a)(ii) UNLIMITED
Heirlooms and other items UCA § 78B-5-506(1)(d) $500.00 $1,000.00
Household goods (one of each clothes washer, and dryer) UCA § 78B-5-505(1)(a)(viii)(A) UNLIMITED
Life Insurance benefits including proceeds of benefits UCA § 78B-5-505(1)(a)(xii) UNLIMITED
Life Insurance benefits including proceeds of benefits UCA § 78B-5-505(1)(a)(xii) UNLIMITED
Medical, Surgical, Hospital Benefits UCA § 78B-5-505(1)(a)(iv) UNLIMITED
Military Property Of Natl. Guardsman UCA § 39-1-47 UNLIMITED
Motor vehicle UCA § 78B-5-506(3) $2,500.00 $5,000.00
Motor Vehicle Financial Responsibility Deposits UCA § 41-12a-406 UNLIMITED
Personal injury or wrongful death proceeds UCA § 78B-5-505(1)(a)(x) UNLIMITED
Personal Watercraft Financial Responsibility Deposits UCA § 73-18c-305 UNLIMITED
Primary personal residence not exceeding UCA § 78B-5-503(2) $20,000.00 $40,000.00
Proceeds exempt property sold, lost, damaged or destroyed UCA § 78B-5-507(1) UNLIMITED
Proceeds from sale of homestead UCA § 78B-5- 503(5) UNLIMITED
Professional books or tools of trade UCA § 78B-5-506(2) $3,500.00 $7,000.00
Provisions for 12 months provided for individual or family UCA § 78B-5-505(1)(a)(viii)(C ) UNLIMITED
Public Assistance UCA § 35A-3-112 UNLIMITED
Real property other than primary personal residence UCA § 78B-5-503(2) $5,000.00 $10,000.00
Retirement plan alternative payee UCA § 78B-5-505(1)(a)(xv) UNLIMITED
Retirement plans (generally unlimited) UCA § 78B-5-505(1)(a)(xiv) UNLIMITED
Sofas, chairs, and related furnishings UCA § 78B-5-506(1)(a) $500.00 $1,000.00
Specific Partnership Property UCA § 48-1-22(2)(c) UNLIMITED
Spousal Payments UCA § 78B-5-505(1)(a)(vii) UNLIMITED
Unmatured life insurance benefits UCA § 78B-5-505(1)(a)(xiii) UNLIMITED
Unemployment Compensation Benefits UCA § 35A-4-103 UNLIMITED
Veteran's Benefits UCA § 78B-5-505(1)(a)(v) UNLIMITED
Wages (less than 75% of disposable income) UCA §70C-7-103 UNLIMITED
Water rights for homestead UCA § 78B-5- 503(4) UNLIMITED
Wearing apparel (excluding jewelry and furs UCA § 78B-5-505(1)(a)(viii)(D) UNLIMITED
Workers' Compensation Benefits UCA § 34A-2-422 UNLIMITED
Works of art (produced by debtor or family) UCA § 78B-5-505(1)(a)(ix) UNLIMITED