Filing Bankruptcy in Utah: Means Test, Exemptions and Courts

Utah has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Utah (https://www.utb.uscourts.gov/).

Median family income for Utah: 1 person $87,898; 2 people $95,757; 3 people $112,751; 4 people $131,741; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

Utah has opted out of the federal bankruptcy exemptions. A person may not use the federal exemptions in 11 U.S.C. § 522(d) in a bankruptcy case unless the person is a nonresident of Utah and has been for the 180 days immediately before filing; Utah residents use Utah's exemptions.

For calendar year 2026, the Office of the State Auditor lists the inflation-adjusted homestead amounts as $53,700 for a primary personal residence and $6,400 for property that is not (in whole or part) the primary personal residence. For jointly owned property, the household maximum is $107,500 for a primary personal residence and $12,800 otherwise. A primary personal residence is a dwelling or mobile home plus up to one acre of surrounding land reasonably necessary for its use. The homestead is not protected against property tax liens, purchase-money debts, child-support judicial liens, or consensual liens (such as a mortgage). Sale proceeds, up to the exemption amount, stay exempt for one year.

One motor vehicle is exempt up to $3,000 in value. Vehicles designed or used mainly for recreation (off-highway vehicles and recreational vehicles) do not count, except a motorcycle or van regularly used for daily transportation. A vehicle actually used in the person's principal business, trade, or profession, and not otherwise exempted, can instead fall within the $5,000 tools-of-the-trade exemption.

Utah has no wildcard exemption. The Utah Exemptions Act (Utah Code §§ 78B-5-501 to 78B-5-513) lists specific types of property only and contains no general allowance for any property of the debtor's choice.

Money and assets in, or payable from, a retirement plan or account described in Internal Revenue Code sections 401(a), 401(h), 401(k), 403(a), 403(b), 408 (IRAs), 408A (Roth IRAs), 409, 414(d), 414(e), or 457 are exempt, including inherited accounts. The exemption does not cover amounts contributed or benefits accrued within one year before the debtor files for bankruptcy (except direct rollovers from other exempt funds), and it does not apply to an alternate payee under a qualified domestic relations order (whose interest is covered by a separate provision). Exempt retirement money stays exempt after the debtor receives it, as long as it can be traced.

In a bankruptcy case, unpaid earnings of the filer's household that are due as of the filing date are exempt in the amount of 1/24 of the Utah state annual median family income for the filer's household size (if paid more often than once a month), or 1/12 of that median (if paid once a month or less), using Census Bureau median family income adjusted by the Consumer Price Index.

The U.S. Bankruptcy Court for the District of Utah's "Filing Without an Attorney" page says individuals may file without a lawyer but must follow the local rules and other rules (Local Rule 9011-2(b)); corporations, partnerships, LLCs, trusts, and other non-individuals must have an attorney (Local Rule 9011-2(a)). Clerk's office staff cannot give legal advice or help complete forms. The page provides Chapter 7 and Chapter 13 petition packages, explains the credit counseling and post-filing financial management course requirements, notes that Chapter 13 debtors must file a local "Verification and Request for Discharge" form within 60 days of the trustee's Notice of Completed Plan, and describes the court's Pro Bono Assistance Program (General Order 22-001) for qualifying debtors defending certain adversary proceedings. It also lists free help: Utah Legal Services, a monthly Debtor's Counseling Clinic in Salt Lake City, and the Utah State Bar's Tuesday Night Bar.

District of Utah (the state's only bankruptcy district): under Local Rule 2083-2 and General Order 24-002 (Presumptive Attorney Fee Awards in Chapter 13 Bankruptcy Cases), the court's Policy and Procedures page lists chapter 13 presumptive fees for debtors' counsel in cases filed on or after January 1, 2025: $2,800 if the case is dismissed before a plan is confirmed; $4,500 for a below-median-income debtor whose confirmed plan pays less than $200/month; $4,750 for a below-median-income debtor whose confirmed plan pays at least $200/month; and $5,100 for an above-median-income debtor with a confirmed plan or a chapter 13 business case. (For cases filed before January 1, 2025: $2,500, $3,500, $3,750 and $4,000 respectively.) Fees beyond the presumptive fee require a fee application with notice and an opportunity to object.