Bankruptcy Exemptions in Alaska
What property you can keep in bankruptcy in Alaska: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: Alaska filers must use Alaska's exemptions. The statute says that in a bankruptcy case "only the exemptions under AS 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 apply." AS 09.38.055
| State or federal exemptions | Alaska filers must use Alaska's exemptions. The statute says that in a bankruptcy case "only the exemptions under AS 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 apply." Federal non-bankruptcy exemptions (such as Social Security) are separate from this choice. Re-verified 2026-10-27. Source: AS 09.38.055 |
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| Homestead exemption | Up to $72,900 of equity in property in Alaska used as the filer's principal residence (statutory base $54,000 in AS 09.38.010, as adjusted by regulation 8 AAC 95.030). The statute has no acreage limit; multiple owners share one exemption per living unit. Statute text: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.38.010&secEnd=09.38.010 Re-verified 2026-10-27. |
| Car exemption | Up to $4,050 for one motor vehicle, but only if the vehicle's full value does not exceed $27,000 (statutory base $3,000 / $20,000 in AS 09.38.020(e), as adjusted by 8 AAC 95.030). Statute text: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.38.020&secEnd=09.38.020 Re-verified 2026-10-27. |
| Wildcard exemption | None. The exemptions that apply in bankruptcy (AS 09.38.010-.030) do not include a general exemption for property of the filer's choosing; the personal property exemptions in AS 09.38.020 are limited to specific categories (household goods, jewelry, tools of the trade, pets, one vehicle). Re-verified 2026-10-27. Source: AS 09.38.055; AS 09.38.020 |
| Retirement accounts | The filer's interest in a retirement plan, and money payable from it, is exempt. "Retirement plan" covers plans qualified under 26 U.S.C. 401(a), 403(a), 403(b), 409, 414(d), 414(e) or 457, IRAs and Roth IRAs, and Alaska's teachers', judicial, public employees' and elected officers' retirement systems. Contributions made within 120 days before filing for bankruptcy are not exempt. Payments from a pension or similar plan that are not exempt under AS 09.38.017 are treated as earnings or liquid assets once received (AS 09.38.030(e)(5)); amounts exempt under AS 09.38.017 are excluded from that rule. Re-verified and corrected 2026-10-27. Source: AS 09.38.017 |
| Wages | Weekly net earnings up to $473 are exempt (statutory base $350 in AS 09.38.030(a), as adjusted by 8 AAC 95.030); the court booklet notes this can rise to $743 per week for a filer who is the sole support of a household (AS 09.38.050(b)). A person not paid weekly, semi-monthly or monthly may instead exempt $1,890 per month in cash and liquid assets. Statute text: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.38.030&secEnd=09.38.030. The booklet's garnishment figure also refers to the federal 75% rule (15 U.S.C. 1673). Re-verified 2026-10-27. |
More Alaska bankruptcy
FAQ
Can you use the federal bankruptcy exemptions in Alaska?
Alaska filers must use Alaska's exemptions. The statute says that in a bankruptcy case "only the exemptions under AS 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 apply."
How much home equity is protected in bankruptcy in Alaska?
Up to $72,900 of equity in property in Alaska used as the filer's principal residence (statutory base $54,000 in AS 09.38.010, as adjusted by regulation 8 AAC 95.030). The statute has no acreage limit; multiple owners share one exemption per living unit.
Can I keep my car in bankruptcy in Alaska?
Up to $4,050 for one motor vehicle, but only if the vehicle's full value does not exceed $27,000 (statutory base $3,000 / $20,000 in AS 09.38.020(e), as adjusted by 8 AAC 95.030).
Does Alaska have a wildcard exemption?
None. The exemptions that apply in bankruptcy (AS 09.38.010-.030) do not include a general exemption for property of the filer's choosing; the personal property exemptions in AS 09.38.020 are limited to specific categories (household goods, jewelry, tools of the trade, pets, one vehicle).
Are retirement accounts protected in bankruptcy in Alaska?
The filer's interest in a retirement plan, and money payable from it, is exempt. "Retirement plan" covers plans qualified under 26 U.S.C. 401(a), 403(a), 403(b), 409, 414(d), 414(e) or 457, IRAs and Roth IRAs, and Alaska's teachers', judicial, public employees' and elected officers' retirement systems. Contributions made within 120 days before filing for bankruptcy are not exempt.
Are wages protected in bankruptcy in Alaska?
Weekly net earnings up to $473 are exempt (statutory base $350 in AS 09.38.030(a), as adjusted by 8 AAC 95.030); the court booklet notes this can rise to $743 per week for a filer who is the sole support of a household (AS 09.38.050(b)). A person not paid weekly, semi-monthly or monthly may instead exempt $1,890 per month in cash and liquid assets.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.