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Alaska Bankruptcy Exemptions


Alaska Bankrupcty Exemptions Summary

(details below...)

Homestead

Principal residence up to $72,900* -- joint owners may each claim a portion, but total can't exceed $72,900
Homestead amount adjusted for inflation every two years. Current as of 10/1/2020. Source: Alaska BK Court.

  (more...)

Personal Property

Up to $4,050 worth of total personal property, including: clothing and household goods, books and musical instruments.
Up to $1,350 worth of jewelry.
Up to $3,780 worth of professional books, tools and implements.
Up to $1,350 of pets.
100 percent of health aids, burial plots and certain benefits.

   (more...)

Auto/Truck (aka Motor Vehicle)

Up to $4,050 worth of one vehicle, as long as the total value of the vehicle does not exceed $27,000.

  (more...)

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Alaska Bankruptcy Exemptions

Does Alaska Adjust Exemptions for Inflation?

Alaska revises its exemptions on October 1 of even-numbered years, in accordance with the Consumer Price Index; new amounts reported in Alaska Administrative Code 8 AAC 95.030.  The most recent change was October 1, 2020. The next change will be October 1, 2022. - Alaska Stat. § 09.38.115.

Can I Use the Federal Bankruptcy Exemptions in Alaska?

Federal Bankruptcy Exemptions Available?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

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Background of state "opt out" laws

Every state has a list of exemptions that protect specific types and amounts of property from collections on judgements within that state.

When bankruptcy law was first modernized 50 years ago, the proposal was to have a federal list of bankruptcy exemptions apply uniformly across all 50 states. Many states objected to this idea, because state collection law had traditionally ruled that issues of collections and "asset protection" were matters of state, not federal law. So a compromise was struck, that allows states to "opt out" of the federal bankruptcy exemptions. 

Federal Non-Bankruptcy Exemptions

Federal "non-bankruptcy" exemptions are available in every state

You are entitled to use so-called federal "non-bankruptcy" exemptions in addition to your state law exemptions.

Non-bankruptcy exemptions are those exemption provisions of U.S. law that are NOT part of the bankruptcy code section section 522(d).

The four most significant non-bankruptcy exemptions are for

  • Wages (a general cap on what percentage of your wages can be garnished),
  • Social Security benefits,
  • Civil Service benefits,
  • Veterans Benefits

Other so called "non-bankruptcy" exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially-regulated labor markets such as railroad workers, seamen, and longshoremen.

 

Disclaimer

Disclaimer

Citations and links to primary law and secondary sources are provided for those who wish to do further research. Every effort has been made to make this information up to date and accurate, but laws can and do change without notice. Persons relying on this information are responsible for confirming its timeliness and accuracy before relying on it. (This information was updated for April 2019.)

Also bear in mind that these brief summaries do not list every detail or exception to these exemptions. For example, there are often exceptions for collection of child support debt and/or taxes. These listings are designed to inform you of laws that exist for your benefit, so that you may exercise what rights you may have.

Finally, this website is intended to provide information only. It cannot answer whether your property does or does not qualify for a specific exemption.

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Homestead

Alaska Homestead Exemption

Alaska Homestead Exemption 

Principal residence up to $72,900* -- joint owners may each claim a portion, but total can't exceed $72,900
Homestead amount adjusted for inflation every two years. Current as of 10/1/2020. Source: Alaska BK Court.

Amount Joint amount

72,900

72,900

NOTE: Residency Requirement Caps Maximum Homestead at $160,375 if you've recently moved to a State that allows more than that

Under the 2005 bankruptcy law, you must be have lived in the state for at least 40 months (3 years + 4 months) before you can claim any homestead protection greater than $160,375. (If your state's exemption offers less than this amount, the law is irrelevant to you.) .

IF you are moving to another state, OR you moved to Alaska within in the last two years, click here.

Federal Non-Bankruptcy Homestead Exemptions (available in every State)

These are exemptions under federal law, and not part of the bankruptcy code, so states cannot "opt out" from these exemptions.

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US Bankruptcy Code § 522(d) Homestead Exemption

Can a Alaska debtor use the Federal Bankruptcy exemptions instead of Alaska exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if

  • you haven't lived in any state longer than 180 days for a while,
  • or
  • if your state allows the Federal exemptions as a choice.

Home Valuation tool

Just add your street address to get an estimate of the value of your house, and all others in your neighborhood. (Note: Does not serve all areas, and valuations are imperfect estimates only.)

Homestead Exemptions in Other States

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TBE

Does Alaska Recognize Tenancy by the Entirety?

Alaska recognizes Tenancy by the Entirety, but debtor spouse's interest is not protected from claims of creditors. Alaska Stat. § 09.38.100

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Tenancy By The Entirety in Other States

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Insurance

Alaska Insurance Exemptions

Federal Non-Bankruptcy Insurance Exemptions (available in all states)

US Bankruptcy Code § 522 Insurance Exemptions

The Federal Bankruptcy Code Exemptions under section 522 are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

Insurance Exemptions in Other States

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Misc

Alaska Miscellaneous Exemptions

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US Bankruptcy Code § 522 Miscellaneous Exemptions

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Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

The Federal Bankruptcy Exemptions are available to you if
  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

 

Miscellaneous Exemptions in Other States

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Pensions

Alaska Pension Exemptions

Federal Non-Bankruptcy Pension & Retirement Exemptions (available in every state)

Federal Bankruptcy Code § 522(d) Pension & Retirement Exemptions

The Federal Bankruptcy Exemptions under 11 U.S.C are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

Pension & Retirement Exemptions in Other States

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Personal Property

Alaska Motor Vehicle Exemption & Other Personal Property Exemptions

Alaska Motor Vehicle Exemption

Up to $4,050 worth of one vehicle, as long as the total value of the vehicle does not exceed $27,000.

Alaska Personal Property Exemptions

Federal Non-Bankruptcy Personal Property Exemptions (available in every state)

Federal Bankruptcy Code § 522(d) Personal Property Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

Personal Property Exemptions in Other States

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Public Benefits

Public Benefits Exemptions for Alaska

Federal "non-bankruptcy" Public Benefits exemptions (available in all states)

Federal Bankruptcy Code §522(d) Public Benefits Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

Public Benefits Exemptions in Other States

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Tools of Trade

Alaska Tools of Trade Exemptions

Alaska Tools of Trade Exemptions

Federal non-bankrupcty Tools of Trade Exemptions

US Bankruptcy Code § 522 (d) Tools of Trade Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

Tools of Trade Exemptions in Other States

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Wages

Alaska Wage Garnishment

Federal Non-Bankruptcy Law (available in all states)

Federal "non-bankruptcy" law also offers exemption protection for wages.

US Bankruptcy Code § 522 Wage Garnishment Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

Wage Garnishment in Other States

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WildCard

Alaska WildCard Exemption

none

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Federal Bankruptcy Wildcard Exemptions

The Federal Bankruptcy Exemptions are available to you if

  • you haven't lived in any state longer than 180 days for a while, or
  • if your state allows the Federal exemptions as a choice.

Does Alaska allow debtor the option of using the Federal Bankruptcy exemptions instead of state law exemptions?

Yes. Alaska allows residents to use the federal exemptions pursuant to Code § 522(b). If the debtor choses to use the Alaska exemptions, AS § 09.38.055 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.

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WildCard Exemptions in Other States

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