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Idaho Bankruptcy Exemptions


Federal Bankruptcy Exemptions NOT Available in Idaho

Idaho has opted out of the Federal Exemptions (see below)

Idaho Bankrupcty Exemptions Summary

(details below...)

Homestead

Real property or mobile home to $175,000; sale proceeds exempt for 6 months (husband and wife may not double) (increased from $100,000 March 2020)

  (more...)

Personal Property

Appliances, furnishings, books, clothing, pets, musical instruments, 1 firearm, family portraits, & sentimental heirlooms to $1,000 per item, $7,500 total
Building materials
Crops cultivated on maximum of 50 acres, to $5,000; water rights to 160 inches
Health aids
Jewelry to $1,000
Firearm to $1,500
Tools of trade to $10,000

   (more...)

Wild Card

$1,500 in any tangible personal property

  (more...)

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Idaho Bankruptcy Exemptions

Does Idaho Adjust Exemptions for Inflation?

Some states adjust exemption amounts for inflation. Idaho does not.

Can I Use the Federal Bankruptcy Exemptions in Idaho?

Federal Bankruptcy Exemptions Available?

No. Idaho Code Ann. § 11-609

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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

Idaho Homestead Exemption

Idaho Homestead Exemption 

Real property or mobile home to $175,000; sale proceeds exempt for 6 months (husband and wife may not double) (increased from $100,000 March 2020)

Amount Joint amount

175,000

175,000

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 Idaho 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 Idaho debtor use the Federal Bankruptcy exemptions instead of Idaho exemptions?

No. Idaho Code Ann. § 11-609

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 Idaho Recognize Tenancy by the Entirety?

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Tenancy By The Entirety in Other States

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Insurance

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

No. Idaho Code Ann. § 11-609

Insurance Exemptions in Other States

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Misc

Idaho Miscellaneous Exemptions

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US Bankruptcy Code § 522 Miscellaneous Exemptions

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

No. Idaho Code Ann. § 11-609

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

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

No. Idaho Code Ann. § 11-609

Pension & Retirement Exemptions in Other States

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Personal Property

Idaho Motor Vehicle Exemption & Other Personal Property Exemptions

Idaho Motor Vehicle Exemption

$10,000

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

No. Idaho Code Ann. § 11-609

Personal Property Exemptions in Other States

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Public Benefits

Public Benefits Exemptions for Idaho

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

No. Idaho Code Ann. § 11-609

Public Benefits Exemptions in Other States

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Tools of Trade

Idaho Tools of Trade Exemptions

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

No. Idaho Code Ann. § 11-609

Tools of Trade Exemptions in Other States

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Wages

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

No. Idaho Code Ann. § 11-609

Wage Garnishment in Other States

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WildCard

Idaho WildCard Exemption

$1,500 in any tangible personal property

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

No. Idaho Code Ann. § 11-609

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WildCard Exemptions in Other States

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