Utah Bankruptcy Exemptions: What You Can Keep
Short answer: Utah is an "opt-out" state, meaning if you file bankruptcy while living in Utah, you must use Utah's own list of exempt property under the Utah Exemptions Act rather than the separate federal exemption list some other states allow. The homestead exemption is $53,700 for a single filer (updated annually) and the motor vehicle exemption is $3,000 per vehicle. One notable gap compared to many other states: Utah has no general cash "wildcard" exemption.
Who this guide is for
Anyone in Utah trying to understand what property bankruptcy would actually let them keep, before deciding whether — and which chapter — to file.
Why exemptions matter
In Chapter 7, exempt property can't be sold by the trustee to pay creditors. In Chapter 13, exemptions still matter because the amount of non-exempt equity you have affects how much you're required to pay creditors under your plan. Either way, exemptions are what determine what you actually keep.
The homestead exemption
Utah's homestead exemption protects equity in your primary residence — up to $53,700 for a single filer, or $107,400 for a married couple filing jointly (each spouse can claim their own exemption against jointly owned property). This dollar figure is updated on January 1 of each year by the Utah Office of the State Auditor, so confirm the current figure before relying on it. A smaller exemption, $6,400, applies to real property that isn't your primary residence.
The motor vehicle exemption
Utah exempts $3,000 in equity in one motor vehicle per individual under Utah Code § 78B-5-506. Special rules apply to a van or motorcycle used as your regular means of daily transportation. If a vehicle's equity exceeds the exemption, the excess isn't automatically lost — it depends on the chapter you file and how the trustee or plan handles it.
Retirement accounts
Most tax-qualified retirement plans — 401(k)s, 403(b)s, profit-sharing and pension plans, SEP and SIMPLE IRAs — are exempt under Utah Code § 78B-5-505(1)(a)(xiv) without the same kind of dollar cap that applies to other property. Traditional and Roth IRAs are also exempt, though federal bankruptcy law separately caps the IRA exemption at a periodically-adjusted amount (well over $1 million as of the most recent inflation adjustment) — a cap that's unlikely to matter for most filers, but is worth knowing exists. Contributions made within one year of filing generally aren't protected.
Other exempt personal property
Utah's exemption statute also protects, without the kind of aggregate dollar limits used for the categories above: a burial plot, health aids reasonably necessary for you or a dependent to work or maintain health, clothing (but not furs or jewelry), bedding and carpets, and artwork depicting or created by a family member — along with certain benefits like disability, unemployment, veterans, child support, and alimony payments. This is not an exhaustive list; the statute itself is the authoritative source for anything not covered here.
What Utah does not have: a general wildcard exemption
Some states let a filer apply a set dollar amount toward any property, of their choosing, on top of the specific categories — often called a "wildcard" exemption. Utah doesn't offer this. Utah's exemptions are limited to the specific categories the statute lists, which is a meaningful difference from states that do have one, and worth knowing if you're comparing Utah's system to something you've read about a different state.
Frequently asked questions
Can I choose the federal bankruptcy exemptions instead of Utah's? No — Utah has opted out of the federal exemption system, so anyone domiciled in Utah at the relevant time must use Utah's exemption list.
What happens to property that isn't exempt? In Chapter 7, the trustee can sell it and distribute the proceeds to creditors; in Chapter 13, its value generally affects how much you must pay under your repayment plan — see Chapter 13 Bankruptcy in Utah: How It Works.
Do exemptions protect property from all creditors, not just in bankruptcy? Utah's exemption statute (Title 78B, Chapter 5, Part 5) generally applies to creditor collection efforts more broadly, not only inside a bankruptcy case — though the interaction with bankruptcy-specific rules is its own topic.