Some Assets Are Protected When Filing an Arizona Bankruptcy
When you file for bankruptcy, it is important to note that some of your assets are protected by “exemptions” laws. If an asset falls under these laws, the debtor is allowed to keep the item when filing for bankruptcy. Usually, these assets are protected only if the court decides that the asset’s value falls under a certain limit. Some states follow federal government exemption guidelines for bankruptcies, however, Arizona is one of a few states that has its own exemptions. In fact, Arizona allows more assets at higher values than states that follow federal guidelines. For debtors facing a bankruptcy in Arizona, this can be welcome news.
Even if you file for bankruptcy, your home may still be protected. The homestead exemption can be used to protect the primary resident of the single or married debtor. The debtor will be allowed to keep up to $150,000 in home equity, as well. If the debtor has more equity, the debtor might be ordered to pay the excess equity to the bankruptcy court. If this excess is not paid, it is more likely that the bankruptcy could be dismissed. A bankruptcy trustee might decide the best course of action is to force a sale of the home. If this happens, the debtor is still allowed to keep the $150,000 in equity. Any excess will be used to pay creditors. This helpful exemption may be used only once when filing for bankruptcy.
The vehicle exemption allows a bankruptcy filer to keep his vehicle as long as it has less than $5,000 in equity. A married couple who files for bankruptcy protection can use two, $5,000 exemptions toward two vehicles. Any vehicle equity over those amounts will be treated as it would with the homestead exemption.
Another exemption concerns personal property. This might include items such as furnishings and household furniture, as well as appliances. The court requires that the debtor submit a detailed list of all these assets. A single person filing bankruptcy is allowed up to $4,000 in personal property exemptions. Married couples that file for bankruptcy are allowed no more than $8,000 in personal property exemptions.
Bankruptcy laws also protect some miscellaneous assets. Among these items is equipment, such as tools, that can be used for commercial activities. Other items include clothing, wedding jewelry, weapons, books, musical instruments, hobby-related items and certain life insurance earnings. Specific values for each of these items have been set by bankruptcy codes.
Several types of retirement assets also are protected by bankruptcy laws. These include qualified retirement assets, such as IRA, 401k, state retirement funds and so on. These are protected with no limit on their value.
If an asset does not have a present, vested value at the time of filing, then typically it is protected under the bankruptcy code. Such assets include annuities that are not yet vested, future interest in a business as established by the corporate bylaws, and employee stock purchase plans that are not yet vested.
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