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What are the Arizona Bankruptcy Exemptions?

 

 When an individual files for bankruptcy, all of their possessions, in theory, become property of the estate and should therefore be surrendered. However, each state has a list of property items that can be claimed as "exempt," meaning these items can be kept by the individual filing Chapter 7 bankruptcy (although, if applicable, these items would still be subject to any liens). A major purpose of the exemption laws is to help individuals retain their financial footing. Therefore, exemptions are made for personal effects, household items, work tools, and other daily essentials. 

 

There is much debate about what property should be considered exempt and for how great of a value. Exemption laws vary greatly from state to state. In Arizona, some of the exemptions seem generous; for example, the homestead exemption allows for individuals to keep $150,000 of equity in a house. However, other exemptions seem rather low: only $5,000 is permitted for an automobile and $150 within a checking/savings account. Please refer to the following table, which summarizes the Arizona bankruptcy exemptions.

 

 

 

PROPERTY

 

 

AMOUNT EXEMPT

 

Homestead

Equity in a house, townhouse, condominium, or mobile home, where the debtor resides

 

 

$150,000

 

Bank Account

Money held in one account at any one financial institution

 

 

$150

 

Automobile

One motor vehicle

 

 

$5,000

 

Household items

  • One kitchen table and one dining room table, with four chairs each
  • One living room couch
  • One living room chair
  • Three living room coffee or end tables
  • Three living room lamps
  • One living room carpet or rug
  • Two beds
  • One night-stand, dresser, and lamp for each exempt bed
  • Bedding for each exempt bed
  • One television set or radio or stereo
  • One radio alarm clock
  • One stove
  • One refrigerator
  • One washing machine
  • One clothes dryer
  • One vacuum cleaner

 

 

$4,000 Total

 

Pets and Animals

Domestic pets, horses, milk cows, and poultry

 

 

$500

 

Wearing Apparel

Clothing belonging to debtor and family

 

 

$500

 

Rings

All engagement and wedding rings

 

 

$1,000

 

Watch

One watch

 

 

$100

 

Library

All books, manuals, published materials, and personal documents

 

 

$250

 

Musical Instruments

 

 

$250

 

Other Personal Property

One typewriter, one bicycle, one sewing machine, a family Bible, a lot in any burial ground, one shotgun or rifle or pistol

 

 

$500

 

Tools of Trade

The tools, equipment, instruments, and books needed for commercial activity, trade, business, or profession

 

 

$2,500

 

Farming Implements

Farm machinery, utensils, implements of husbandry, feed, seed, grain, and animals (only if the primary income is derived from farming)

 

 

$2,500

 

 

In addition to the above exemptions, the state of Arizona also allows an individual to keep 100% of the following:

  • Child support and spousal maintenance
  • Health, accident, or disability benefits
  • Life insurance policies
  • Annuity contract
  • Qualifying IRAs
  • Arms, uniforms, and accoutrements
  • Unemployment compensation benefits
  • Welfare assistance
  • Arizona State Retirement Benefits
  • Long-Term Disability Program Benefits

 

The exemption lists given above may not be exhaustive. Please refer to the web site of Arizona Legislative Computer Service of the Arizona State Legislature, ALIS Online, to verify the current status of any exemption.

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