If you file bankruptcy in Utah, you must use the state’s exemption list rather than the federal one, and that list lets you keep a meaningful amount of home equity, one vehicle, retirement savings, work tools, essential household goods, several kinds of income and benefits, and a limited number of firearms. The Utah bankruptcy exemptions appear in Utah Code sections 78B-5-503, 78B-5-505, and 78B-5-506, and Utah Code 78B-5-513 is the statute that closes the door on the federal Section 522(d) list.1Utah Legislature. Utah Code 78B-5-513 – Exemption Provisions Applicable in Bankruptcy Proceedings The dollar amounts below come straight from those statutes.
Who Can Use Utah’s Exemptions
You need two years of Utah residency to claim the state’s exemptions in bankruptcy. Federal law requires that you have lived in the state for at least 730 days before filing. If you fall short of that window, you may need to use the exemptions of your prior state, or, if that state will not let a nonresident use its list, the federal exemptions. The only exception written into Utah’s opt-out statute is for people who have lived outside Utah for the 180 days immediately before filing.1Utah Legislature. Utah Code 78B-5-513 – Exemption Provisions Applicable in Bankruptcy Proceedings
Home Equity
Utah’s homestead exemption protects $42,000 of equity per individual, and $84,000 per household when a residence is jointly owned.2Utah Legislature. Utah Code 78B-5-503 – Homestead Exemption Those are the base statutory figures. The state auditor adjusts them annually for inflation using the Consumer Price Index, so the figure in force when you file may be higher; the Office of the State Auditor publishes the current number.
The exemption applies to a primary residence and up to one acre around it. Houses, mobile homes, and condominiums all qualify, as long as you actually live there. Real property that is not your primary residence gets a much smaller exemption: $5,000 per individual, $10,000 per household.2Utah Legislature. Utah Code 78B-5-503 – Homestead Exemption So vacation homes and investment properties get only limited protection.
If your home equity exceeds the exemption, the trustee can sell the house and pay you the exempt amount from the proceeds. If you sell the home yourself, the proceeds stay exempt from creditors for one year after you receive them, up to the exemption amount in effect at the time of sale.2Utah Legislature. Utah Code 78B-5-503 – Homestead Exemption That gives you a year to roll the money into another primary residence.
Vehicle Equity
You can exempt up to $3,000 of equity in one motor vehicle under Utah Code 78B-5-506.3Utah Legislature. Utah Code 78B-5-506 – Value of Exempt Property, Exemption of Implements, Professional Books, Tools, and Motor Vehicles Equity is market value minus the loan balance. A car worth $12,000 with $10,000 still owed carries $2,000 of equity, which fits inside the exemption, and you keep the car.
Vehicles designed or used primarily for recreation, including off-highway vehicles and recreational vehicles, don’t qualify. There is an exception for a motorcycle or van that you actually use for daily transportation.3Utah Legislature. Utah Code 78B-5-506 – Value of Exempt Property, Exemption of Implements, Professional Books, Tools, and Motor Vehicles
Household Goods and Personal Items
Utah splits household property between two statutes. One list protects specific essentials with no dollar cap. The other covers general household categories up to $1,000 each.
No Dollar Cap
Under Utah Code 78B-5-505, you keep the following regardless of value:4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution
- One washer, one dryer, one refrigerator, one freezer, one stove, one microwave, and one sewing machine
- All beds and bedding for you and your dependents
- All carpets in use
- All clothing for you and your dependents, excluding jewelry and furs
- Food sufficient for 12 months of family use
- Health aids reasonably necessary to work or maintain health
- Artworks that depict you or your family, or that you made yourself (not business art)
- A burial plot for you and your family
Up to $1,000 Per Category
Utah Code 78B-5-506 adds four categories, each capped at $1,000 in value:3Utah Legislature. Utah Code 78B-5-506 – Value of Exempt Property, Exemption of Implements, Professional Books, Tools, and Motor Vehicles
- Sofas, chairs, and related living room furnishings reasonably necessary for one household
- Tables and chairs for dining and kitchen use reasonably necessary for one household
- Animals, books, and musical instruments held for personal use
- Heirlooms and items of sentimental value
Each cap is separate, so the four categories together can protect up to $4,000. Jewelry gets no exemption in Utah and is explicitly carved out of the clothing protection. Furs are carved out too.
Retirement Accounts
Retirement savings are among the best-protected assets. Accounts that qualify under IRS rules are exempt without a state dollar cap, including 401(k)s, 403(b)s, traditional and Roth IRAs, 457 plans, and other tax-qualified arrangements. Utah’s statute also explicitly covers inherited IRAs, which federal exemptions do not, and that protection applies regardless of when the inherited account was created.4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution
Federal bankruptcy law imposes its own cap on traditional and Roth IRAs even when you use state exemptions. That cap is $1,711,975, in effect from April 1, 2025 through 2028, and adjusts for inflation every three years.5Federal Register. Adjustment of Certain Dollar Amounts Applicable to Bankruptcy Cases Amounts rolled over into an IRA from an employer plan don’t count against this cap.
Watch the one-year rule. Contributions made to a retirement account within one year before filing are not exempt, unless the money came from a direct rollover of already-protected funds.4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution Trustees look for last-minute deposits, and this rule stops filers from hiding cash by funneling it into a retirement account on the way to the courthouse.
Wages
Utah’s bankruptcy wage exemption doesn’t track the federal garnishment formula. It uses Utah’s annual median family income for your household size, as reported by the Census Bureau and adjusted for inflation.4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution If you are paid more often than once a month, you can exempt unpaid earnings equal to 1/24 of that median figure. If you are paid monthly or less often, the exempt share rises to 1/12.
Child support, alimony, and some tax debts follow their own collection rules and can reach wages that would otherwise be shielded.
Life Insurance
Utah protects three kinds of life insurance interests, none with a dollar cap:4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution
- Death benefits you receive on the death of a spouse or child, if the policy was in force for at least one continuous year
- Death benefits payable to your spouse, children, or a trust for them when you die, if the policy existed for at least one year
- The cash value and proceeds of an unmatured policy you own, except for premiums paid during the one year immediately before a creditor’s levy
The one-year window matters. Buy a large policy right before filing and the premiums paid during that final year can be pulled back. A policy pledged as loan collateral loses its exemption to the extent of the secured creditor’s interest.4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution
Benefits and Support Payments
Several categories of income and benefits are protected under Utah Code 78B-5-505:4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution
- Disability, illness, and unemployment benefits from any source
- Medical benefits, to the extent actually used for medical, surgical, or hospital care
- Veterans benefits
- Child support received or owed to you
- Alimony and separate maintenance, to the extent reasonably necessary for your support and that of your dependents
- Compensatory personal injury proceeds from insurance, settlements, or judgments
These protections apply whether you have already received the money or just have the right to receive it. The personal injury exemption covers compensation for actual harm, not punitive damages or unrelated windfalls.
Tools of Trade
If you need specific equipment to earn a living, Utah protects up to $5,000 total in tools, professional books, or implements actually used in your principal trade or profession.3Utah Legislature. Utah Code 78B-5-506 – Value of Exempt Property, Exemption of Implements, Professional Books, Tools, and Motor Vehicles A mechanic’s tool set, a photographer’s cameras, a contractor’s power tools all qualify.
The $5,000 cap can also cover a motor vehicle used primarily for work, as long as you have not already claimed the vehicle exemption on it. That’s useful when a work vehicle has more than $3,000 in equity, or when you need to protect a second vehicle used in your business.
Firearms
You can exempt up to three firearms: any combination of one handgun, one shotgun, and one shoulder arm, with up to 1,000 rounds of ammunition for each.4Utah Legislature. Utah Code 78B-5-505 – Property Exempt From Execution There is no dollar cap on the firearms themselves. Curio or relic firearms, generally collectibles at least 50 years old or of special historical interest, are excluded.
Tax Refunds
A tax refund tied to income you earned before your filing date generally becomes part of the bankruptcy estate. Refundable credits like the Earned Income Tax Credit and the Additional Child Tax Credit often get more favorable treatment because they function like public assistance. If you received and spent a refund on necessities such as rent, utilities, or medical bills before filing, keep the receipts, because the trustee may ask.
What Utah Does Not Protect
A few things are worth flagging because people assume otherwise. Utah has no general wildcard exemption, so you cannot pick an arbitrary asset to shield. Jewelry and furs are excluded from the clothing exemption and have no separate protection. Vacation homes and investment properties get only the $5,000 non-residence real property exemption. Retirement contributions made within the year before filing are not protected. And life insurance pledged as loan collateral loses its exemption up to the lender’s claim.
When non-exempt assets add up to real money, Chapter 13 is often the better route than Chapter 7. In a Chapter 13, you keep your property and repay creditors over three to five years, with the plan amount tied to the value of what would otherwise be sold. That structure lets you hold on to assets a Chapter 7 trustee would liquidate.