State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-05 > 78b-5-50578B-5-505. Property exempt from execution.
(1) (a) An individual is entitled to exemption of the following property:
(i) a burial plot for the individual and the individual's family;
(ii) health aids reasonably necessary to enable the individual or a dependent to work orsustain health;
(iii) benefits the individual or the individual's dependent have received or are entitled toreceive from any source because of:
(A) disability;
(B) illness; or
(C) unemployment;
(iv) benefits paid or payable for medical, surgical, or hospital care to the extent they areused by an individual or the individual's dependent to pay for that care;
(v) veterans benefits;
(vi) money or property received, and rights to receive money or property for childsupport;
(vii) money or property received, and rights to receive money or property for alimony orseparate maintenance, to the extent reasonably necessary for the support of the individual and theindividual's dependents;
(viii) (A) one:
(I) clothes washer and dryer;
(II) refrigerator;
(III) freezer;
(IV) stove;
(V) microwave oven; and
(VI) sewing machine;
(B) all carpets in use;
(C) provisions sufficient for 12 months actually provided for individual or family use;
(D) all wearing apparel of every individual and dependent, not including jewelry or furs;and
(E) all beds and bedding for every individual or dependent;
(ix) except for works of art held by the debtor as part of a trade or business, works of art:
(A) depicting the debtor or the debtor and his resident family; or
(B) produced by the debtor or the debtor and his resident family;
(x) proceeds of insurance, a judgment, or a settlement, or other rights accruing as a resultof bodily injury of the individual or of the wrongful death or bodily injury of another individualof whom the individual was or is a dependent to the extent that those proceeds are compensatory;
(xi) the proceeds or benefits of any life insurance contracts or policies paid or payable tothe debtor or any trust of which the debtor is a beneficiary upon the death of the spouse orchildren of the debtor, provided that the contract or policy has been owned by the debtor for acontinuous unexpired period of one year;
(xii) the proceeds or benefits of any life insurance contracts or policies paid or payable tothe spouse or children of the debtor or any trust of which the spouse or children are beneficiariesupon the death of the debtor, provided that the contract or policy has been in existence for acontinuous unexpired period of one year;
(xiii) proceeds and avails of any unmatured life insurance contracts owned by the debtor
or any revocable grantor trust created by the debtor, excluding any payments made on thecontract during the one year immediately preceding a creditor's levy or execution;
(xiv) except as provided in Subsection (1)(b), any money or other assets held for orpayable to the individual as a participant or beneficiary from or an interest of the individual as aparticipant or beneficiary in a retirement plan or arrangement that is described in Section 401(a),401(h), 401(k), 403(a), 403(b), 408, 408A, 409, 414(d), or 414(e), Internal Revenue Code; and
(xv) the interest of or any money or other assets payable to an alternate payee under aqualified domestic relations order as those terms are defined in Section 414(p), Internal RevenueCode.
(b) The exemption granted by Subsection (1)(a)(xiv) does not apply to:
(i) an alternate payee under a qualified domestic relations order, as those terms aredefined in Section 414(p), Internal Revenue Code; or
(ii) amounts contributed or benefits accrued by or on behalf of a debtor within one yearbefore the debtor files for bankruptcy. This may not include amounts directly rolled over fromother funds which are exempt from attachment under this section.
(2) The exemptions in Subsections (1)(a)(xi), (xii), and (xiii) do not apply to proceedsand avails of any matured or unmatured life insurance contract assigned or pledged as collateralfor repayment of a loan or other legal obligation.
(3) Exemptions under this section do not limit items that may be claimed as exemptunder Section 78B-5-506.
Renumbered and Amended by Chapter 3, 2008 General Session
