The video collection below features nine short videos that cover the fundamentals of bankruptcy, the players involved, and the procedure. We need that you and/or your spouse view all nine films in order to understand the bankruptcy process, including certain responsibilities, and to dispel numerous misunderstandings about bankruptcy. Once you have viewed all nine videos, you may continue to the next step.

“Step 2: Download & review a list of Arizona exemptions“.

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When you have completed watching all 9 videos, close this window and continue to Step 3.

ARIZONA EXEMPTIONS Diane L. Drain, Arizona attorney

(Use of federal bankruptcy exemptions in 11 U.S.C. 522(d) not permitted in Arizona. See A.R.S. §33-1133, but can use a few federal exemptions.) The IRS can
lien most items on these pages. In order to qualify for a homestead, the residence must be your primary residence. Community property liability: A.R.S. §25-214 & A.R.S §25–215. With the exception of the single homestead exemption for a married couple, each adult has a separate exemption (A.R.S. §33-1121.01). Therefore, each adult has an exemption for $6,000 in household furnishings. The dollar amounts listed below are the resale, not retail, value of the items (e.g.: what your couch would sell for at a yard sale). But, if you are filing for bankruptcy and have personal property (not land/house) that has a lien or security interest, then you must use the “replacement value – the price a retail merchant would charge for property of similar kind and condition. §506(a)(2). Items not on this list are not protected from your creditors. Neither are the items protected from secured creditors, such as a deed of trust on the home or security interest in personal property (for instance – charging your refrigerator on Best Buy card). Exemption rights cannot be waived (A.R.S. §33-1132).

What state law do you use for your exemptions? If you are filing for bankruptcy protection and resided in Arizona for more than 2 years you must use this list of exemptions and cannot use of federal bankruptcy exemptions in 11 U.S.C. 522(b). See A.R.S. § 33-1133.) Otherwise, use the state you lived in for the full 730 days (2 years) before filing; or If you did not live in one single state in the previous 2 years, then use the state where you lived the majority of the 180 period preceding the last 2 year period; or if you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions. There are also additional time periods of 10 years, 1210 days and others that impact the assets you can protect in bankruptcy. Confused? This is why it is important to talk to an experienced bankruptcy attorney about these exceptions.