May 5, 2017
If you file for Chapter 7 bankruptcy in Arizona, you can protect some or all of your property with Arizona’s bankruptcy exemptions. The bankruptcy exemptions in Arizona also play a role in Chapter 13 bankruptcy. Read on to learn about what property is covered by Arizona’s bankruptcy exemptions.
For a general overview of bankruptcy exemptions, see Bankruptcy Exemptions.
Arizona has enacted legislation “opting out” of the federal bankruptcy exemptions. Bankruptcy filers in Arizona are only permitted to exempt property using the state laws.
Married couples filing a joint bankruptcy in Arizona may “double” the exemption amount for certain items such as motor vehicles and household goods. Notably, doubling doesn't apply to the homestead exemption. If the specific exemption allows for doubling, each spouse may claim the full exemption amount for the property (combined, they get to double the exemption amount).
Below are some of the most common exemptions available under Arizona law.
Alimony and child support, up to the amount needed for support. 33-1126.
A debtor may exempt $300 in a single bank account. Ariz. Rev. Stat. § 33–1126(8).
Fraternal benefit society benefits. Ariz. Rev. Stat. § 20–877.
Under Arizona law, debtors may exempt up to $150,000 (per debtor or married couple) of their home or other property covered by the homestead exemption. Ariz. Rev. Stat. §§ 33–1101, 33–1103 and 33–1104.
For more details about how the homestead exemption works in Arizona, see The Arizona Bankruptcy Homestead Exemption.
Life insurance benefits that are payable or received by a surviving spouse or child, to $20,000.
All payments or installments to a beneficiary under any policy of health, accident or disability insurance, or any similar plan or program of benefits. There are some exceptions.
Claims for the destruction of, or damage to, exempt property.
Cash surrender value of life insurance policies, subject to length of ownership requirements and other exceptions. Ariz. Rev. Stat. §§ 33–1126(1), 1126(4), 1126(5), and 1126(6).
A debtor may exempt up to $6,000 in one or more motor vehicles. An elderly or disabled debtor, or an elderly or disabled spouse or dependent of the debtor, may exempt up to $12,000. Ariz. Rev. Stat. § 33–1125(8).
To learn more, visit The Arizona Motor Vehicle Exemption in Bankruptcy.
Benefits from various employee pension systems are exempt. Ariz. Rev. Stat. §§ 33–1126 and 38–792.
Tax exempt retirement accounts (such as 401ks and IRAs) are exempt as per the federal rules. For current amounts, see Your Retirement Plan in Bankruptcy.
A debtor may exempt the following personal property:
Ariz. Rev. Stat. §§ 33–1123, 33–1125 and 33–1127.
A debtor may exempt up to $5,000 in trade implements, which includes farming tools if the debtor’s primary income is from farming. All arms and uniforms that a debtor is legally required to keep are exempt. Library and teaching aids of a teacher. Ariz. Rev. Stat. §§ 33–1130(1), 33–1130(2), 33–1130(3), 33–1130(5), and 33–1130(6).
Unemployment compensation is exempt as long it is not commingled with other funds and except for the enforcement of child support orders. Ariz. Rev. Stat. § 23–783.
A debtor may exempt the lesser of the following wages, per week:
This exemption does not apply to taxes and is modifiable to account for support claims. Ariz. Rev. Stat. § 33–1131. (Learn more about wage exemptions in Arizona.)
Workers’ compensation is exempt, but employers are entitled to a credit for benefits that had been previously awarded. Ariz. Rev. Stat. § 23–1068.
Arizona's exemption amounts are adjusted periodically. To make sure you have the most recent figures, be sure to check for any updates at the official website of the Arizona Secretary of State at www.azsos.gov.
For additional information on how to research and find the latest exemption amounts, see our Legal Research Center.