Your Arizona home, no matter what type of “home,” is now protected. Arizona SB 1540 is a big deal for every Arizona resident—because it strengthens the legal protections around the place you live.

RV, 5th wheel and mobile homeArizona’s homestead laws exist for one core reason: to keep people housed. SB 1540 modernizes those protections and adds an especially important clarification for people in bankruptcy.

 

 

What SB 1540 does:

It recognizes that “home” isn’t always a traditional house.
The law expands the homestead definition to include many common Arizona living situations—mobile homes, park model trailers, motor homes, travel trailers, fifth wheels, houseboats, manufactured homes, and other forms of shelter—and (importantly) the protection can include the land the shelter sits on. (SB1540)

It confirms the homestead exemption keeps adjusting upward with inflation.
SB 1540 spells out the annual cost-of-living adjustment method (CPI-based, rounded up). (SB1540)

New 2026 homestead exemption amount: $437,600.

Major bankruptcy clarification: appreciation during the case stays protected.
SB 1540 adds language specifically for bankruptcy cases:

  • The homestead exemption is determined as of the date the bankruptcy petition is filed; and
  • If your equity is within the exemption amount on the filing date, the homestead is treated as 100% exemptand any increase in the home’s value during the bankruptcy case is also 100% exempt, even if the value later rises above the exemption cap. (SB1540)

Why that matters: people shouldn’t lose their home (or the chance at a stable fresh start) just because the market rises while their case is pending. SB 1540 reinforces the idea that bankruptcy is a reset—not a race against appreciation. (SB1540)

It protects certain refundable tax credits from most creditors.
SB 1540 exempts federal/state Earned Income Tax Credits and Child Tax Credits (as described in the statute). (SB1540)

A quick (important) heads-up

SB 1540 also adds a practical “how do we measure equity?” rule for real-life transactions. For purposes of (1) determining the amount of equity when a homestead is sold, or (2) determining whether a homeowner is getting cash back from refinancing, the parties can rely on the property value shown in the final closing disclosure for that transaction. (SB1540)

When it applies

SB 1540 was approved and filed on May 2, 2025. (SB1540)
It provides that the bankruptcy homestead provision applies to bankruptcy petitions filed after the act’s effective date. (SB1540)
Arizona’s general effective date for most 2025 laws is September 26, 2025. (SB1540)

Legal information only—not legal advice. If you’re dealing with creditor collection, judgment liens, a refinance, or considering bankruptcy, talk with a qualified Arizona attorney about your specific facts.

426 words|2.2 min read|Categories: Bankruptcy, Real Estate|By |Published On: January 16th, 2026|Last Updated: January 16th, 2026|

Share this article

Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*

Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Google Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Inns of Court
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Yelp Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Avvo Reviews
Avvo - Rate your Lawyer. Get Free Legal Advice.
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Martindale-Hubbell Award
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Alignable Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Google Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Yelp Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Avvo Reviews
Avvo - Rate your Lawyer. Get Free Legal Advice.
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Martindale-Hubbell Award
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Alignable Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Better Business Bureau

In Case You Missed It

  • Here’s a summary of the key points from the article “Auto loan delinquencies are soaring, with consumers hit by high car prices”: 📈 What’s happening Delinquencies on auto loans (i.e., borrowers falling behind) have climbed [...]

  • Arizona law firm Chills a Client's Right to File an Honest Review I had a call from someone who hired an Arizona firm to file a bankruptcy, and they were required to sign a retainer [...]

  • Published On: July 14, 2025

    Living Longer, Going Broke: The Rise of Senior Bankruptcies Retirement Dreams vs. RealityRetirement is often considered a time to relax, travel, spend time with family, or volunteer. However, many retirees struggle financially, with rising numbers [...]

  • Money Problems Lead to Shame, Which Leads to Making Bad Decisons Money problems are hard enough on their own—but what if the way we feel about our finances is actually making things worse? A groundbreaking [...]