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Bankruptcy Exemptions in Utah

What property you can keep in bankruptcy in Utah: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.

Short answer: Utah has opted out of the federal bankruptcy exemptions. A person may not use the federal exemptions in 11 U.S.C. Utah Code § 78B-5-513

State or federal exemptionsUtah 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.
Homestead exemptionFor 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.
Car exemptionOne 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.
Wildcard exemptionUtah 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.
Retirement accountsMoney 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.
WagesIn 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 statute does not state a dollar figure; the amount depends on the current Utah median family income for the household size.

More Utah bankruptcy

FAQ

Can you use the federal bankruptcy exemptions in Utah?
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.
How much home equity is protected in bankruptcy in Utah?
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.
Can I keep my car in bankruptcy in Utah?
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.
Does Utah have a wildcard 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.
Are retirement accounts protected in bankruptcy in Utah?
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.
Are wages protected in bankruptcy in Utah?
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.

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.