Bankruptcy Exemptions in Arizona
Even if you are faced with a bankruptcy, it may be comforting to know that some of your assets may be protected by bankruptcy “exemption” laws. If some of your assets fall into these exempted categories, then you as the debtor will be allowed to keep these assets after filing for bankruptcy. The asset, however, can only be protected if the court determines that the asset is within the allowable values as per state regulation. Some states follow the federal government’s list of bankruptcy exemptions. Arizona is a state that has its own exemptions, and the list of exemptions and maximum value limits is much friendlier to debtors in Arizona that in states that follow federal guidelines. Arizona allows more assets with a greater allowable value than many other states.
One of a debtor’s most important assets is, of course, the family home. Under the homestead exemption, the home of a single or married debtor is protected providing that the home is the debtor’s primary residence. The home can even have as much as $150,000 in equity and still be exempt. However, any equity above this amount is not protected so a debtor might be ordered to pay the amount of excess equity to the court in order to keep the bankruptcy from being dismissed. Your bankruptcy trustee might decide to force a sale of the home. If this happens, the debtor is still entitled to $150,000 in equity. Any remaining moneys will be distributed to the creditors. This exemption may only be used once in a bankruptcy.
The vehicle exemption allows a bankruptcy filer to keep his vehicle as long as it has less than $5,000 in equity. A married couple who files for bankruptcy protection can use two, $5,000 exemptions toward two vehicles. Any vehicle equity over those amounts will be treated as it would with the homestead exemption.
Another exemption concerns personal property. This might include items such as furnishings and household furniture, as well as appliances. The court requires that the debtor submit a detailed list of all these assets. A single person filing bankruptcy is allowed up to $4,000 in personal property exemptions. Married couples that file for bankruptcy are allowed no more than $8,000 in personal property exemptions.
Other, miscellaneous assets are protected up to specific values set by the bankruptcy laws. Tools and equipment used in commercial activity are protected. Wedding jewelry, clothing, weapons, hobby equipment, books, musical instruments, and certain life insurance proceeds, all have their own value limits set by the bankruptcy code.
Assets for the purpose of retirement are protected with no restrictions on value. These must be qualified retirement assets such as a 401k, IRA, state retirement fund and the like.
Also, if the debtor has assets that do not have a value at the time of filing, these assets generally are protected by bankruptcy laws and codes. For example, if the debtor has an annuity that has not yet been vested or perhaps a future interest in a business as per corporate bylaws or even employee stock purchase plans that have not yet been vested, these assets are usually protected.
Stephen Trezza has effectively managed a large number of cases, including many Phoenix bankruptcy cases. For further information about Phoenix bankruptcy attorneys, go to the FileBankruptcyinArizona website now.
