The Arkansas Homestead Exemption

If you're considering filing for bankruptcy in Arkansas, the Arkansas homestead exemption will help you protect the equity in your home. This article explains how much home equity the Arkansas homestead exemption will cover and how to apply it when you want to keep your house in bankruptcy.

How Much Is Arkansas's Homestead Exemption?

Arkansas lets filers use either the federal exemption system or Arkansas's state exemption system, so you'll have two homestead amounts to choose between. However, you can't mix exemptions from both lists, so you'll want to select the system that will protect your most important assets. Below, we've listed both exemption amounts and linked them to complete lists to help you make an informed choice.

Protecting Property With the Arkansas Homestead Exemption

In Arkansas, the homestead exemption applies to real property you use as your home. You can't use it to protect investment, commercial, or rental property that isn't used as your residence.

Other Requirements for Keeping a Home in Bankruptcy

If you can't protect all of your home equity with an exemption, you might not be able to keep your home. Typically, the Chapter 7 trustee appointed to your case would sell the house, return the exemption amount to you, pay off the mortgage, and pay creditors with the amount remaining after deducting the trustee's fee.

In Chapter 13, the trustee doesn't sell property, so you could keep it. However, that doesn't mean Chapter 13 filers get a break regarding how much equity they can retain. Instead, you'd need to pay creditors the value of the nonexempt equity through the Chapter 13 plan.

But that isn't all. Keeping your home requires being current on the mortgage when filing for Chapter 7. Otherwise, you could lose it to the lender through foreclosure, possibly even during the Chapter 7 case. If you're behind on payments when filing for Chapter 13, you have an option not available in Chapter 7. You can catch up on the payments over time through the plan.

Learn about other requirements you must meet in Your Home in Chapter 7 and Your Home in Chapter 13. Also, find out why filing for Chapter 13 is better than Chapter 7 when you're behind on payments and don't want to lose your house.

Filing a Homestead Declaration

In Arkansas, the homestead exemption is automatic, so you don't have to file a homestead declaration before filing for bankruptcy to claim the homestead exemption.

Claiming the Homestead Exemption

When completing your bankruptcy forms, you'll do the following:

• disclose your home on Schedule A/B: Property
• list your home and the homestead exemption law on Schedule C: The Property You Claim as Exempt, and
• if filing for Chapter 7, explain whether you plan to keep or surrender the home on Statement of Intention for Individuals Filing Under Chapter 7.

Because your home is likely your most valuable asset, consider consulting with a bankruptcy lawyer to ensure you can protect it in bankruptcy.

Where to Find the Homestead Exemption Statute

You'll find Arkansas's homestead exemption in the Arkansas state statutes at Ark. Code Ann. §§ 16-66-210, 212, 218 on the Arkansas State Legislature website. Learn about finding state statutes in Laws and Legal Research.

When You Can Use Bankruptcy Exemptions

You can file for bankruptcy in Arkansas after living there for over 180 days. However, you must live in Arkansas for at least 730 days before filing to use the current state's exemptions. Otherwise, you'd use the previous state's exemptions.

If you lived in multiple states during the two years before filing for bankruptcy, you'd use the exemptions of the state you lived in for the majority of the 180 days before the two years immediately preceding your filing. (11 U.S.C. § 522(b)(3)(A).)

Also, you must own your home in the exemption state for at least 40 months before bankruptcy to avoid the homestead exemption being capped by federal law at $214,000 (amount adjusts on April 1, 2028). Homestead exemption use is also precluded when a filer engages in certain felonious or fraudulent acts. (11 USC §§ 522(p), (q).)

Learn more about filing for bankruptcy after moving to a new state and timing your bankruptcy case. Also, spouses can double some exemption amounts if both parties own the property, but not all of them. Learn about other filing considerations for spouses.

Need More Bankruptcy Help?

Did you know Nolo has made the law accessible for over fifty years? It's true, and we wholeheartedly encourage research and learning. You can find many more helpful bankruptcy articles on Nolo's bankruptcy homepage. Information needed to complete the official downloadable bankruptcy forms is on the Department of Justice U.S. Trustee Program website.

However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.