Idaho State Bankruptcy Laws
What are the Idaho Bankruptcy Exemptions?
Idaho law protects all or a portion of your property from being seized by creditors or the bankruptcy trustee in a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you are generally allowed to keep all of your assets and property. Certain exceptions may apply, so it’s wise to consult with a Idaho bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in Idaho. In general, the major Idaho bankruptcy exemptions include:
|GENERAL IDAHO EXEMPTIONS|
|Real Estate (the Homestead Exemption)
A dwelling house or mobile home, and the lands on which said structures are situated, with a total exemption not to exceed the lesser of: (i) the total net value of the lands, mobile home, and improvements thereon, or (ii) the sum of $50,000.
Up to $3,000 of equity in one motor vehicle can be protected.
$1,000 for jewelry; $1,500 for implements, professional books, and tools of the trade; and $500 per item (not to exceed $5,000 in the aggregate) for the following items: household furnishings, goods, and appliances held primarily for the personal, family, or household use of the individual or a dependent of the individual; wearing apparel, animals, books, and musical instruments; and family portraits and heirlooms of particular sentimental value to the individual.
|Go to the complete list of Idaho bankruptcy exemptions|
Please remember that this page provides general information only, and is not intended to provide legal advice. The information is not a substitute for the advice of a qualified bankruptcy attorney. If you need legal assistance, consult an attorney.
Which state’s exemption laws apply in your bankruptcy?
Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy.
If you have not lived in the same state for the 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.
If application of the preceding general rules renders you ineligible for exemptions under any state’s laws, you may be allowed to choose the federal exemptions applicable in your bankruptcy.
Is Idaho a community property state?
Yes, Idaho is a community property state. Because it is a community property state, you are responsible for any debts that your spouse incurred while you were married. You are therefore equally liable for your spouse’s debts even if you did not voluntarily assume liability for them by, for example, cosigning for a loan given to your spouse.
How did your senator vote on the new bankruptcy laws?
Following years of intense lobbying by creditors, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). How did your Senators vote on these largely pro-creditor provisions?
Craig (R-ID) — YEA
Crapo (R-ID) — YEA
Idaho Bankruptcy Court Locations:
US Courts – District of Idaho
550 W. Fort St., Rm 400
Boise, ID 83724
801 E Sherman St, Rm 119
Pocatello, ID 83201
220 E 5th St, Rm 304
Moscow, ID 83843
Coeur d’Alene Office
205 N 4th, Rm 202
Coeur d’Alene, ID 83814
Note: You may not have to actually go to one of the above bankruptcy courts. Trustees often conduct your meeting at a local venue.
Although bankruptcy is federal law, the bankruptcy courts in each jurisdiction have local rules that must be followed. A local bankruptcy attorney will be familiar with the specific rules in your area.