In Utah , you’ll use state exemptions (federal bankruptcy exemptions aren’t allowed) plus any federal nonbankruptcy exemptions . The 2025 amounts shown here can change, so always confirm with local statutes or a bankruptcy attorney .
Exemption Type | Amount | Statute | Notes |
---|---|---|---|
Homestead | Up to $52,400 if primary residence; $6,200 if not primary. | § 78B-5-504 | Real estate, mobile home, or water rights (2025 amounts). Adjusts periodically. |
Motor Vehicle | $3,000 equity | (Local references or code for details) | Car, van, truck, motorcycle, etc. |
Retirement & Pension | ERISA-qualified benefits, IRAs, Roth IRAs if contributions are at least 1 year old. Public employees as well. Federal law covers most tax-exempt accounts up to $1,711,975 (2025). | §§ 78B-5-505(1)(a)(xiv); 49-11-612; 11 U.S.C. 522(b)(3)(C),(n) | 401(k)s, 403(b)s, SEP, SIMPLE IRAs, etc. Confirm 1-year rule for local code. |
Personal Property | Animals, books, musical instruments up to $1,000 total; artwork by family; bed/bedding/carpets; clothing (no furs/jewelry) & burial plot; food for 1 year; fridge, freezer, microwave, stove, sewing machine, washer/dryer; sofa/chairs up to $1,000 total; personal injury/wrongful death; up to $5,000 in tools if for trade; etc. | §§ 78B-5-505, 506 | Firearms: 1 shotgun, 1 handgun, 1 shoulder arm + 1,000 rounds each. Education savings up to $200,000. Check sub-limits for each category. |
Insurance | Disability, illness, medical, surgical benefits exempt. Fraternal benefits. Life policy cash value (minus last year’s payments). Life proceeds for spouse/dependent if needed for support. | §§ 78B-5-505(1)(a)(iii),(iv),(xi),(xiii); 31A-9-603 | Each category has nuances (cash surrender value, who’s beneficiary, etc.). |
Public Benefits | Crime victims comp; general assistance; occupational disease disability; unemployment comp; veterans’ benefits; workers’ comp | §§ 63-25a-421(4); 35A-3-112; 34A-3-107; 34A-3-103(4)(b); 78B-5-505(1)(a)(v); 34A-2-422 | Typically fully exempt; verify each program's limit or time constraints. |
Chapter 7 vs. Chapter 13: In Chapter 7, the trustee might sell nonexempt assets for creditors. In Chapter 13, you keep property but pay unsecured creditors its nonexempt value over 3-5 years.
You must live in Utah for at least 730 days (2 years) before filing; otherwise, you’ll use your previous state’s exemptions. A separate federal “cap” might limit homestead if you bought the property less than 40 months ago—consult local code.
Important: Exemptions change periodically. Always check if statutes and amounts are current. Verify with a bankruptcy attorney to confirm that these exemptions still apply.