Alaska Stat. § 09.38.100 :: Tenancy by Entirety Exemptions : Alaska Bankruptcy Law

Other Alaska Exemption Citations

Alaska Admin. Code tit. 8, § 95.030 (b)(3) - Implements, books & tools of trade to $3,780
Alaska Admin. Code tit. 8, § 95.030 (b)(4) - Pets to $1,350
Alaska Admin. Code tit. 8, § 95.030 (b)(5) - Motor vehicle to $4,050; vehicle's market value can't exceed $27,000
Alaska Admin. Code tit. 8, § 95.030 (b)(2) - Jewelry to $1,350
Alaska Admin. Code tit. 8, § 95.030 (d)(2), (e)(2) - Cash or other liquid assets to $1,890; for sole wage earner in household, $2,970 (restrictions apply -- see wages)
Alaska Admin. Code tit. 8, § 95.030 (b)(1) - Books, musical instruments, clothing, family portraits, household goods, & heirlooms to $4,050 total
Alaska Admin. Code tit. 8, § 95.030 (c) - Life insurance or annuity contract[s], total aggregate cash surrender value to $500,000
Alaska Admin. Code tit. 8, § 95.030 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
Alaska Admin. Code tit. 8, § 95.030 (d),(e) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
In re McNutt, 87 BR 84 (9th Cir. 1988) - Alaska has not elected to "opt out" of the federal exemptions pursuant to Code § 522(b). Instead, Alaska has enacted a provision, AS § 09.38.055, which limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.
Alaska Stat. § 01.10.070 c - 20% of permanent fund dividends
Alaska Stat. § 09.38.010 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
Alaska Stat. § 09.38.015 (a)(11) - Alaska benefits for low income seniors
Alaska Stat. § 09.38.015 (e) - Money held in mortgage escrow accounts after July 1, 2008
Alaska Stat. § 09.38.015 (a)(10) - Senior care (prescription drug) benefits under AS 47.45.300-- 47.45.390
Alaska Stat. § 09.38.015 (b) - Disability benefits
Alaska Stat. § 09.38.015 (a)(3) - Medical, surgical, or hospital benefits
Alaska Stat. § 09.38.015 (b) - Child support payments made by collection agency
Alaska Stat. § 09.38.015 (a)(7) - Liquor licenses
Alaska Stat. § 09.38.015 (b) - Elected public officers (only benefits building up)
Alaska Stat. § 09.38.015 (b) - Judicial employees (only benefits building up)
Alaska Stat. § 09.38.015 (b) - Public employees (only benefits building up)
Alaska Stat. § 09.38.015 (b) - Teachers (only benefits building up)
Alaska Stat. § 09.38.015 (a)(1) - Burial plot
Alaska Stat. § 09.38.015 (a)(2) - Health aids needed
Alaska Stat. § 09.38.015 (a)(8) - Tuition credits under an advance college tuition payment contract
Alaska Stat. § 09.38.015 (a)(5) - Alaska longevity bonus
Alaska Stat. § 09.38.015 (a)(4) - Crime victims' compensation
Alaska Stat. § 09.38.015 (a)(6) - Federally exempt public benefits paid or due
Alaska Stat. § 09.38.015 (b) - Unemployment compensation
Alaska Stat. § 09.38.017 - ERISA-qualified benefits deposited more than 120 days before filing bankruptcy
Alaska Stat. § 09.38.017 (e)(3) - Roth & traditional IRAs
Alaska Stat. § 09.38.020 (a) - Books, musical instruments, clothing, family portraits, household goods, & heirlooms to $4,050 total
Alaska Stat. § 09.38.020 (b) - Jewelry to $1,350
Alaska Stat. § 09.38.020 (e) - Motor vehicle to $4,050; vehicle's market value can't exceed $27,000
Alaska Stat. § 09.38.020 (d) - Pets to $1,350
Alaska Stat. § 09.38.020 (c) - Implements, books & tools of trade to $3,780
Alaska Stat. § 09.38.025 - Life insurance or annuity contract[s], total aggregate cash surrender value to $500,000
Alaska Stat. § 09.38.030 (e)(1),(5) - Disability benefits
Alaska Stat. § 09.38.030 (e)(2) - Alimony, to extent wages exempt
Alaska Stat. § 09.38.030 (e)(5) - Other pensions, to extent wages exempt (only payments being received)
Alaska Stat. § 09.38.030 (b) - Cash or other liquid assets to $1,890; for sole wage earner in household, $2,970 (restrictions apply -- see wages)
Alaska Stat. § 09.38.030 (e)(3) - Personal injury recoveries, to extent wages exempt
Alaska Stat. § 09.38.030 (e)(3) - Wrongful death recoveries, to extent wages exempt
Alaska Stat. § 09.38.030 (a),(b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
Alaska Stat. § 09.38.050 (b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
Alaska Stat. � 09.38.055 - Alaska has not elected to "opt out" of the federal exemptions pursuant to Code § 522(b). Instead, Alaska has enacted a provision, AS § 09.38.055, which limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.
Alaska Stat. § 09.38.060 - Proceeds for lost, damaged, or destroyed exempt property
Alaska Stat. § 09.38.100 (b) - Property of business partnership
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 16.43.945 - Commercial fishing privileges
Alaska Stat. § 21.84.240 - Fraternal benefit society benefits
Alaska Stat. § 23.20.405 - Unemployment compensation
Alaska Stat. § 23.30.160 - Workers' compensation
Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 34.35.105 - Building materials
Alaska Stat. § 39.35.505 - Public employees (only benefits building up)
Alaska Stat. § 43.23.065 - 20% of permanent fund dividends
Alaska Stat. § 43.23.140 - 20% of permanent fund dividends
Alaska Stat. § 47.25.210 - General relief assistance
Alaska Stat. § 47.25.550 - Adult assistance to elderly, blind, disabled

50 State Tenancy by Entirety Exemptions

Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Morris v. Solesbee, 892 S.W.2nd 281 (Ark. App. 1995) - Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.
Morrison v. Potter , 764 A.2d 234 (D.C. 2000) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
Estate of Wall, 440 F.2d 215 (D.C. Cir. 1971) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 316 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 289 B.R. 38 (D.Del,Bankr. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Haw. Rev. Stat. § 509-2 - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Mass. Gen. Laws ch. 209, § 1 - Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.
Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Est. & Trusts] § 14.5-511 - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (b)(8),(9) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
In re Guzior, 347 B.R. 237 (Bkrtcy.E.D.Mich. 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Spears, 313 B.R. 212 (W.D.Mich. 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.6023a - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Raynard, 354 B.R. 834 (6th Cir BAP 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Smith, 246 B.R. 540 (E.D. Mich. 2000) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
Miss. Code Ann. � - Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.
In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
N.M. Stat. Ann. § 40-3-10 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.M. Stat. Ann. § 40-3-11 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
In re Cline, 164 B.R. 592 (Bankr.S.D. Ohio 1994) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Ryan, 282 B.R. 742 (D.R.I. 2002) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
Cull v Vadnais, 406 A.2d 1241 (RI ) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
In re Furkes, 65 B.R. 232, 236 (D.R.I 1986) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
11 U.S.C. § 522 (b)(3) - Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
Vt. Stat. Ann. tit. 15, § 67 - NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.
Vt. Stat. Ann. tit. 12, § 2781 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Lowell v. Lowell, 419 A2d 321 (Vt. 1980) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Vt. Stat. Ann. tit. 15, § 67 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rose v. Morell, 259 A2d 8 (Vt. 1969) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Anselmi, 52 B.R. 479 (D.Wy. 1985) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Wenande, 107 B.R. 770 (Bankr. D. Wyo 1989) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

← Alaska Tenancy by Entirety Exemptions

Citation: Stat. - Alaska Stat. § 09.38.100

Other Alaska Exemption Citations

50 State Tenancy by Entirety Exemptions