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Arizona Bankruptcy Exemptions

(Use of federal bankruptcy exemptions in 11 U.S.C. 522(d) not permitted in Arizona. See A.R.S. § 33‐1133.) Pursuant to A.R.S. § 33‐1121.01‐ each spouse/ person has separate exemption. Therefore, $4000 in household furnishings is doubled for two adults in the house. The dollar amounts listed below are the resale, not retail, value of the asset. The exception to this rule is that the homestead exemption is capped at $150,000 per home (as of 08/25/2004) (A.R.S. § 33‐ 1104). In order to qualify for a homestead the residence must be your primary residence. Items not on this list are not protected from your creditors. Nor are items on this list protected from creditors that you have granted a lien interest to - Deed of Trust on the home OR security interest in personal property (charging your refrigerator at Sears using a Sears card, or using items as collateral for personal loans.)

TYPE OF PROPERTYAMOUNT OF EXEMPTION
Homestead, consisting of debtors equity in real Property used as residence. 1 apartment of Horizontal property regime, or mobile home and land upon which located.$150,000 (as of 8/25/2004)‐ as against nonconsensual liens. Total exemption of $150,000 for both spouses. Applies to identifiable cash proceeds of homestead sale for 18 months after sale.
Kitchen: table/ 4 chairs; dining table/ 4 chairs (plus 1 for each dependant over 4), Living Room: couch, chair, plus 1 chair per dependant, 3 coffee/ end tables, 3 lamps, rug; Bedroom: 2 beds, plus 1 per dependant, bed table, dresser, lamp, bedding For each; Other: pictures, Oil paintings and drawings made by Debtor, family portraits, TV, radio, Stove, refrigerator, washer, dryer and vacuum$4,000 aggregate value
Food, fuel and provisions for 6 months used by Debtor & family100%
Wearing apparel$500.00
Musical instruments of Debtor and family$250.00
Domestic pets, horses, milk cows and poultry$500.00
Engagement and Wedding ringsEngagement and Wedding rings
Library$250.00
Typewriter, bicycle, sewing machine, family Bible, burial lot, rifle, shotgun or pistol$200.00 aggregate value
Watch$100.00
Motor Vehicle (must be in your name)$5,000.00 ($10,000.00 if maimed or crippled)
Wheel Chair and prescribed health aids100%
Interest in retirement plan qualified under Internal Revenue Code §§ 401(a), 403(a)(b), 408, 408(a), 409, 457 (deferred comp)100% (except contributions within 120 days 408, 408(a), 409, 457 (deferred comp) before filing petition)
Annuities of Life Insurance Proceeds100% exempt‐ warning‐ new law‐ could change
Prepaid rent and security deposits for Debtor's residenceLesser of $1,000 or 1 ½ month's rent
Life Insurance proceeds paid or payable to surviving spouse of child$20,000
Earning of a minor child100%
Health, accident or disability insurance100% (certain debts excepted)
Insurance proceeds for damage of destruction of exempt property100% for damage or destroyed property
Cash surrender value of life insurance policies owned by the debtor (owned for at least two unexpired, continuous years)$25,000 (beneficiary must be a dependant)
Damages for wrongful levy or execution100%
One single bank account$150.00
Necessary tools, equipment, instruments and books used in business or profession$2,500 (does not include personal motor vehicle)
Machinery, utensils, fee grain seed and animals of farmer$2,500 (primary income from farming)
Arms, uniforms/ accoutrements required by law100%
Net disposable earnings (less deductions required by law) includes pension and retirement payment75% or 30 X the federal minimum hourly wage, per week, whichever is greater. Does not apply to child support obligations.
Unemployed compensation benefits100%
Workman's compensation benefits100%
Welfare assistance100%
Child Support or Maintenance100%
Fireman's relief and pension benefits100%
Police pension benefits100%
Teachers retirement benefits100%
State employees retirement benefits100%
Fraternal Benefit Society benefits100%
School Equipment used to teach100%
Firefighting equipment100%
Property that belongs to the public100%
Specific Partnership Property100%
Social Security100%
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