Homestead Exemption
In Utah, you can exempt up to $42,700 of the equity in any real estate if it’s your primary residence, including your home, mobile home, or any water rights you have. You can exempt up to $5,100 in real estate that is not your primary residence. §78B-5-504 Learn more in The Utah Homestead Exemption.
Personal Property
In Utah, you can exempt the following types of personal property. §78B-5-505 and §78B-5-506
⦁ animals, books, and musical instruments, up to $1,000 total
⦁ artwork depicting or produced by a family member
⦁ bed, bedding, and carpets
⦁ burial plot
⦁ clothing (but not furs or jewelry)
⦁ dining and kitchen tables and chairs, up to $1,000 total
⦁ firearms: one shotgun, one handgun, one shoulderarm; 1,000 rounds of ammunition for each of the foregoing firearms
⦁ food to last one year
⦁ health aids
⦁ heirlooms, up to $1,000 total
⦁ personal injury and wrongful death recoveries for you or someone you depended on
⦁ proceeds from sold, lost, or damaged exempt property
⦁ refrigerator, freezer, microwave, stove, sewing machine, washer, and dryer
⦁ sofas, chairs, and other furniture, up to $1,000 total
⦁ education savings plan up to $200,000
Motor Vehicle Exemption
In Utah, you can exempt up to $3,000 of equity in a car, van, motorcycle, truck, SUV, or another motor vehicle.
Pensions
Tax-exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans). 11 U.S.C. § 522.
IRAS and Roth IRAs to $1,283,025. (This amount is adjusted every three years. For the most recent figure, see Your Retirement Account in Bankruptcy.) 11 U.S.C. § 522(b)(3)(C)(n); §15-41-30(A)(13)
Erisa-qualified benefits, IRAs, Roth IRA, if the benefits have accrued or the contributions were made at least one year before you filed for bankruptcy. §78B-5-505(1)(a)(xiv)
Public employees. §49-11-612
Public Benefits
Crime victims’ compensation. §63-25a-421(4)
General assistance. §35A-3-112
Occupational disease disability benefits. §34A-3-107
Unemployment compensation. §34A-3-103(4)(b)
Veteran’s benefits. §78B-5-505(1)(a)(v)
Workers’ compensation. §34A-2-422
Tools of Trade
Tools, books, and implements used in your trade or profession, up to $5,000. §78B-5-506(2)
Wages
Earnings to the lesser of (1) 75% of disposable income, or (2) 37 times the federal minimum wage per week. R. Civ. Proc., Rule 64D(a)
Unpaid earnings due as of the bankruptcy filing in an amount equal to 1/24 of the median Utah annual income if you are paid more than once per month and 1/12 if you are paid monthly. §78B-5-505(1)(a)(xvi)
Insurance
Disability, illness, medical, surgical, or hospital benefits. §78B-5-505(1)(a)(iii) and (iv)
Fraternal benefit society benefits. §31A-9-603
Life insurance policy cash surrender value, but not payments you’ve made on policy within the year before filing. §78B-5-505(1)(a)(xiii)
Life insurance proceeds if the beneficiary is the insured’s spouse or dependent and if the proceeds are needed for support. §78B-5-505(1)(a)(xi)
