Bankruptcy Exemptions in Idaho
What property you can keep in bankruptcy in Idaho: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: Idaho filers must use Idaho's exemptions: a debtor "may exempt from property of the estate only such property as is specified under the laws of this state." Idaho Code § 11-609
| State or federal exemptions | Idaho filers must use Idaho's exemptions: a debtor "may exempt from property of the estate only such property as is specified under the laws of this state." Source: Idaho Code § 11-609 |
|---|---|
| Homestead exemption | Up to $175,000, with no limit on land area. Source: Idaho Code § 55-1003 |
| Car exemption | One motor vehicle up to $10,000. Source: Idaho Code § 11-605(3) |
| Wildcard exemption | Any tangible personal property, up to $1,500 in aggregate value. Source: Idaho Code § 11-605(10) |
| Retirement accounts | Pensions, annuities, retirement and disability allowances and other rights under employee benefit plans are exempt, including plans described in Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A or 457; such plans are treated as spendthrift trusts. Federal government pension money is also exempt. Does not apply to child support collection. Source: Idaho Code § 11-604A(2)-(5) |
| Wages | Earned but unpaid wages and other pay for personal services are exempt up to $2,500 per calendar year. Separately, garnishment is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage. 11-207: https://legislature.idaho.gov/statutesrules/idstat/Title11/T11CH2/SECT11-207/ |
More Idaho bankruptcy
FAQ
Can you use the federal bankruptcy exemptions in Idaho?
Idaho filers must use Idaho's exemptions: a debtor "may exempt from property of the estate only such property as is specified under the laws of this state."
How much home equity is protected in bankruptcy in Idaho?
Up to $175,000, with no limit on land area.
Can I keep my car in bankruptcy in Idaho?
One motor vehicle up to $10,000.
Does Idaho have a wildcard exemption?
Any tangible personal property, up to $1,500 in aggregate value.
Are retirement accounts protected in bankruptcy in Idaho?
Pensions, annuities, retirement and disability allowances and other rights under employee benefit plans are exempt, including plans described in Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A or 457; such plans are treated as spendthrift trusts. Federal government pension money is also exempt. Does not apply to child support collection.
Are wages protected in bankruptcy in Idaho?
Earned but unpaid wages and other pay for personal services are exempt up to $2,500 per calendar year. Separately, garnishment is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage.
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.