Free Help Center Questionnaire - Arizona


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State: Arizona
Category: Bankruptcy
Author: RMerrill
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http://www.azb.uscourts.gov/Documents/Intake_form_BAPCPA_revision_8-8-6.pdf

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BANKRUPTCY "SELF-HELP CENTER" DISCLAIMER: The following information is provided compliments of the Bankruptcy Section of the Arizona State Bar. The United States Bankruptcy Court does not supervise or monitor the volunteer lawyers. The information you receive cannot replace individual attorney representation and is only intended to assist individuals in gathering information about the bankruptcy process. Self-Help Center Rules and Policies: 1) Prior to meeting with an attorney you must complete the following. If you fail to do any of these required steps you will not meet with the attorney. a. View the first of two videos called Digicounsel.net. Plan one hour for watching the first video. (see below for more information) b. Complete the General Information Form. c. Complete the Current Monthly Income form. 2) Appointments: a. All appointments are first-come-first-served. An attorney is available each Tuesday from 10:00 to noon. The first person to complete the hour video and the General Information Form will be able to meet with the attorney. If you do not have time to complete the video and/or form before 11:00 am you may need to return the next week to meet with the attorney. The video is available at the Courthouse from 9:00 to 4:00, or available on the Internet at: www.digicounsel.net. b. Make sure to make a list of your questions so that the volunteer lawyer can address all of your issues. c. Your appointment is limited to 20 or 30 minutes. Be aware of the time and try to honor the needs of the next person waiting to see the attorney. 3) There is no fee for meeting with the volunteer attorney, or for any of the documents in the Self-Help Center. 4) This program is not intended to assist those filing chapter 11 reorganization or those who have filed 3 or more bankruptcy cases in the last 3 years. 5) For more information see the Court's web site at: http://www.azb.uscourts.gov/ Educational Video Bankruptcy Self-Help Center You can obtain access to the Digicounsel program at www.digicounsel.net. This can be done from anywhere, including public libraries. Go to www.digicounsel.net, click "client login" at top right of page, in the pull-down menu select "USBC AZ - Self help Center" near the bottom of the provider list and from there enter the user's first and last name and phone number, including area code. Do not put any dashes in the phone number - for example: 2467106, not 246-7105. Make sure to use the same phone each time you visit digicounsel.net, otherwise you will need to start all over again. If you have not filed bankruptcy, then select "I have not recently filed for bankruptcy". If you have already filed a bankruptcy, then choose the appropriate chapter. Complete at least two of the three options: Everyone needs to complete the first option: 7 and 13 bankruptcies. Then the user must choose between either 7 or 13, but, if they like, the user is invited to listen to both. If you have already been a visitor to digicounsel.net, then choose "I have previously completed this form and wish to continue, located just above the "continue" button. PLEASE ANSWER THE FOLLOWING QUESTIONS: __ 7 ___ 13 Now that you have completed the first Digicounsel session ­ should you be filing a chapter 7 or 13? __ Yes ___No Do you have a foreclosure or trustee's sale pending? __ Yes ___No Do you have a mortgage or deed of trust on your home. For instance - are you supposed to be making monthly payments in order to keep your home in good standing with your lender? __ Yes ___No Do you have any secured debts? For instance - do you make monthly payments on a car, furniture, etc? __ Yes ___No Do you have a cosigner, or are you married? A co-signer is someone who signed on a car loan, house loan, student loan, or any other type of obligation. This could be your parent, friend or anyone else. __ Yes ___No Do you have any deposit accounts? A deposit account is any checking, savings, money market or any other type of account where you deposit money with a bank or savings and loan.

STATE BAR OF ARIZONA BANKRUPTCY SECTION VOLUNTEER LAWYER'S PROGRAM DISCLAIMER
The State Bar of Arizona Bankruptcy Section Volunteer Lawyers ("VLP") program is available to those using the Bankruptcy Court's Self-Help clinic. VLP provides simple information related to the bankruptcy process. The documents and information that will be provided by VLP volunteers are designed for those with simple chapter 7 and 13 questions and the information provided by VLP volunteers is general in nature. Chapter 12 and 11 cases, or complicated legal matters pertaining to any chapter of bankruptcy that require more time and assistance than can be provided by the VLP summary services should be handled by more experienced bankruptcy lawyers. All information will be kept confidential and is for the sole use of the VLP program. The lawyers you will see are provided for the sole purpose of guiding you through the bankruptcy process, reviewing simple bankruptcy documents and explaining the various people or entities involved in the process, at no cost. In addition, no attorney-client relationship or other professional relationship of any nature whatsoever will be deemed to have been created by your participation in VLP. Your signature below acknowledges that you are aware that no lawyer involved in VLP has performed a conflict search on your name. If you are aware or become aware of any potential conflicts at the time of your meeting with these volunteers you further acknowledge that it is your obligation to inform them of the potential conflict at that time. Finally, your signature below is also an acknowledgement that you understand that the State Bar of Arizona and the United States Bankruptcy Court does not offer nor provide legal advice. __________________________________________ Signature Date ______________________________ Printed Name

The General Information Form: In order to assist you in your current situation it is important that you fill out the following form. If you are married, all questions apply to both you and your spouse. The General Information Form will be confidential and is retained in the Self-Help Center. Please understand that just because you fill out this form you have not committed to filing a bankruptcy. How did you find out about this program? _______________________________________ IF YOU HAVE ALREADY FILED A BANKRUPTCY - List the case number: _____________ If you need assistance because of something that happened after you filed your bankruptcy, explain: ______________________________________________________________________________________________ ______________________________________________________________________________________________ GENERAL INFORMATION ­ USE ONLY BLACK PEN
Full Name County of Residence Spouses Name Date of Marriage

How long have you lived in Arizona? ________________ If less than the last 2 continuous years, where did you live before moving to Arizona? ____________, from when to when: ____________________________ (Attorney note ­ if Debtor has not lived in AZ for 2 continuous years, then look to state exemptions for the 6 months preceding the last 2 years 522(b)(3)(A))

Have you filed bankruptcy before? If so, year filed: ___ case number ____, chapter 7 or 13? ___ This includes any case that may have been filed, but not completed ­ no discharge entered. If you have filed a bankruptcy before did you receive a discharge? ________ The following are general questions to determine your current situation. Check "yes" if applicable: __ Yes ___No Are your debts primarily consumer debts (credit cards, medical)? __ Yes ___No Do you own any luxury items which are valued at more than $150,000? __ Yes ___No Do you owe any back child support or maintenance payments? Be aware that your exempt property could be sold to pay these obligations Section 522(c)(1) __ Yes ___No Are your wages or checking accounts being garnished? __ Yes ___No Is a lawsuit pending or completed? __ Yes ___No Is your home in a trustee's sale (foreclosure)? Date of trustee's sale ______ __ Yes ___No Is a lender trying to repossess your car? __ Yes ___No Is a landlord trying to evict you from your property? If so, has a Forcible Entry & Detainer Order been obtained by your landlord? _____ __ Yes ___No If you are married, were most of the debts incurred prior to your marriage? __ Yes Other problems? Explain ____________________________________ There are certain issues that determine whether or not it is appropriate to file now. Check "yes" if any apply to you or your spouse, if any. __ Yes __ No Have you obtained your credit counseling certificate (180 days before filing)? __ Yes __ No Do you expect an inheritance in the next 6 months? __ Yes __ No Did you refuse any inheritance in the last 4 years? __ Yes __ No Have you received an inheritance in the last 6 years? __ Yes __ No Have you sold or transferred any property (land, cars, businesses, any items of value) to a friend or relative in the last 2 years? __ Yes __ No Have you sold or transferred any property (land, cars, businesses, any items of value) to anyone who was not a friend or relative in the last 2 years?

__ Yes __ No Have you paid any money to a friend or relative in the last 2 years? __ Yes __ No Have you paid more than $600 to anyone who was not a friend or relative in the last 3 months? __ Yes __ No Do you, your spouse, your business have any leases on anything (cars, equipment, land)? If so, explain __________________________________________________ __ Yes __ No Do you expect a tax refund for any past year, including this year? __ Yes __ No Do you expect money from anyone in the next 4 years (e.g.: investment coming due or repayment of a loan)? Explain:_____________________________________________________________________ __ Yes __ No Even if you never expect to collect, does anyone owe you money for any reason whatsoever? Explain _____________________________________________ __ Yes __ No Do you (or your spouse) have a personal injury claim that you can file, is pending or payable? Explain ___________________________________________ __ Yes __ No Do you (or your spouse) have a right to sue anyone for anything? If so, please explain _________________________________________________________ __ Yes __ No In the last year did you pay taxes with a credit card? __ Yes __ No In the last 3 months have you charged on a credit card or obtain cash advances of more than $250? Note - Do not continue using credit cards if you are filing bankruptcy. __ Yes __ No Are you in the middle of a divorce or separation? __ Yes __ No Have you been divorced in the last 3 years? __ Yes __ No Are you behind on any child support or alimony payments? Be aware that your exempt property could be sold to pay these obligations Section 522(c)(1) __ Yes __ No Do you have an education IRA or a qualified state tuition program? __ Yes __ No If so, were those funds deposited more than 1 year ago? (541(b)(5) and (6) NOTE: Debtor must record a "record of any interest with the court ­ Section 521(c). __ Yes __ No Do you have any student loans? Most student loans must be repaid, even if you file bankruptcy. __ Yes __ No Do you owe any court fines or penalties, or have any debts that could be considered fraudulent? __ Yes __ No Do you (or your spouse) owe any money to any friend or relative. Assets: List the yard sale value of the following items. If you are married, include items owned by both of you. Furniture and appliances $_______ Pre-paid rent or security deposits $____________ Collectables $____________ 'Equipment you use in your business $__________ Guns or burial lots $____________ Stocks/Bonds/Mutual Funds $____________ Paintings $____________ Annuities/IRA/401 K, etc $____________ Computers/printers $_________ Life Insurance with cash surrender value $______ Jewelry $____________ Interests in any corporations, partnerships, etc $_____ __ Yes __ No Do you own a microwave, computer (not used for business), VCR, DVD? Is so, what are the item(s) yard sale value $___ (Attorney note­these items are probably non-exempt.) __ Yes __ No Do you own any valuable items that you are concerned about losing? If so describe, ______________________________________________________________________ __ Yes __ No Did you use your household furnishings or car to get a loan? __ Yes __ No Do you have any property in pawn? If so, has the redemption period run? (Attorney note - not property of estate - 541(b)(8)) HOME AND VEHICLES Do you own a home? Fair market value $______, Total amount owed: $_______ What year/month did you purchase your current home ______? Prior to your current home did you own another home in AZ ______? __ Yes __ No Are the mortgage payments to your lender(s) current? __ Yes __ No In the last 10 years have you made any payments on the mortgage that were not the regular monthly payment? If so, describe _____________________________________ __ Yes __ No Do you (or your spouse) own any real estate that has been involved in a bankruptcy in the last 2 years? If so, describe ________________________________________________ __ Yes __ No

__ Yes __ No Do you (or your spouse) own other real estate, (e.g. time shares, land, etc)? If so, list fair market value $_________, Debt owed $ _________ __ Yes __ No Do you (or your spouse) own any vehicles? If so, list Fair market value $_________, Debt owed $ __________ If so, list Fair market value $_________, Debt owed $ __________ INCOME, TAXES and BUSINESSES How much money do you bring home each month (net monthly income) $__________ How much money does your spouse bring home each month (net monthly income)$__________ How much from other sources (alimony, child support, rent)? $__________ How much do you receive from disability or social security? $__________ How much do you receive from retirement? $__________ Total gross income (before taxes/insurance) you earned in last 6 months $__________ Total gross income (before taxes/insurance) spouse earned in last 6 months $__________ __ Yes __ No Have all required federal and state income tax returns been filed? __ Yes __ No Is IRS or Arizona Department of Revenue collecting back taxes? __ Yes __ No Has IRS or Arizona Department of Revenue garnished your wages or put a lien on your property? __ Yes __ No Do you (or your spouse) own any businesses? If so, what would a third party pay for your interest in the business: $_________ If so, how much money do you receive each month from this business? $_________ $_________ If so, does your company have any inventory, assets or contracts? MONTHLY BUDGET This form details how much you spend each month for living expenses. Be sure to list the MONTHLY (not yearly) amount of each expense. If these expenses are deducted from your wages (for example ­ insurance), then do not list it on this form. For utilities, your bill may be higher an the summer than in the winter, so list an amount that is an average covering the last 12-month period. If your spouse does not live with you, then list their expenses separately. Are you paying taxes directly (not out of your Rent (if you do not own your home) $____ wages? Is so, how much $_____ Total mortgage payments $_____________ Homeowners insurance $_____________ Average utilities (electric/water/gas):$_____ Renters Insurance $_________________ Telephone (Basic Service) $__________ Life/Health Insurance $_____________ Home Maintenance (home owners) $___ Automobile Insurance $______________ Food $___________________ Other Insurance $___________________ Clothing $_________ Alimony or Child Support $____________ Laundry, dry cleaning, soap, etc. $_____ Professional Dues $______ Medical expenses $________ Union Dues $_____ Vehicle payment $______ Lease? _____ Other___________________ $________ Vehicle payment $______ Lease? _____ Vehicle payment $______ Lease? _____ Use the space below to describe any business Gas/maintenance/license $____________ monthly expenses that you must pay and are Recreation, Entertainment $___________ not reimbursed by your employer. Explain the Charitable Giving (if claimed on taxes) $__ type of expense, amount of expense and how Babysitter/Day Care Expenses $________ long you will continue to have this expense: Other child care Expenses $___________ _____________________________________ Student Loan Repayment $____________ Newspapers, Books, Magazines $______ _____________________________________ TOTAL AMOUNT OF MONTHLY INCOME: (see above) $___________________ TOTAL AMOUNT OF MONTHLY EXPENSES: $ ___________________ Total number of children ________ How many live in your house? _____________

The following notices are required pursuant to 527(a)(2). Please read these carefully. By signing below you acknowledge that: 1) You understand that all information that you are required to provide to complete any documents filed with the Bankruptcy Court must be complete, accurate and truthful; 2) That you will fully and completely disclose all assets and all liabilities in the documents filed with the Bankruptcy Court. 3) That the value of each secured personal property asset is the replacement value ("the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time the value is determined."). 4) Current Monthly income, the amounts specified in Section 707(b)(2), and, in a case under Chapter 13, disposable income (determined in accordance with Section 707(b)(2)) are required to be stated after reasonable inquiry. 5) That you have fully disclosed all sources of income on any documents filed with this court. 6) That you understand that any information set forth either in the documents filed with the Bankruptcy Court, or testified to under oath may be audited and that failure to provide accurate information may result in the dismissal of your bankruptcy case or other sanctions, including criminal sanctions. 7) Both you agree that a faxed or e-mailed signature shall be sufficient to indicate agreement to these notices. UNITED STATES BANKRUPTCY COURT NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b) OF THE BANKRUPTCY CODE In accordance with § 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income (Total fee $274) 1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. 1. Services Available from Credit Counseling Agencies With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. 2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation ($299) 1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a "means test" designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the

IMPORTANT NOTICES REQUIRED BY 2005 LAW:

court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed. 2. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. 3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. 4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($274) 1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code. 2. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 3. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Chapter 11: Reorganization ($1,390) Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($239) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. 3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court.

Certificate of the Debtor(s) I (We), the debtor(s), affirm that I (we) have received and read this notice. Date: ______________ X______________________________________ X___________________________________ Signature of Debtor Signature of Joint Debtor (if any) Notice required by Bankruptcy Code Section 527(b)

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY
If you decide to seek bankruptcy relief, you can represent yourself, hire a qualified bankruptcy attorney, or you are able to answer all questions related to bankruptcy ­ hire a bankruptcy petition preparer that is not an attorney. Under Arizona law the Arizona Supreme Court must license all Bankruptcy Petition Preparer and they may not give any legal advice, including explaining most of the terms contained in the bankruptcy forms. The law requires that any Attorney or Bankruptcy Petition Preparer give you a written contract specifying the work to be done and the fees to be charged. Before filing a bankruptcy case you and your attorney should analyze your eligibility for different forms of relief available under the bankruptcy code and which relief is most beneficial for you. Be sure you understand that relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a State of Intention need to be prepared correctly and filed with the bankruptcy Court. You will have to pay a filing fee to the court. Within a few weeks after your case is filed with the Court you will be required to attend a meeting of creditors where the Trustee assigned to your case will swear you to tell the truth and ask you a few questions. Creditors, should they be present, can also ask questions. In most cases no creditors are ever present. If you choose a chapter 7 case, you may be asked by a creditor who has a lien on your car, computer, appliances or furniture to reaffirm a debt. You should first obtain legal counsel before making any decision related to reaffirming any debt. A creditor is not permitted to coerce or bully you into signing a reaffirmation agreement. If you choose to file a chapter 13 case so that you can pay arrears on your home, back taxes, child support or your car, then you will also need legal assistance in planning for a successful chapter 13 case and the confirmation process which is part of every chapter 13 case. It is very rare for anyone without an attorney to successfully complete a chapter 13. In rare cases there is litigation in a chapter 7 case. You can represent yourself - but it is a complicated process and only attorney, not bankruptcy petition preparers, can give you any legal advice. Notice required by Bankruptcy Code Section 527(c)(1) and 521(b) Information to the Assisted Person (Debtor) on How to Provide All Information Required by Section 521 Section 521 of the Code sets out the Debtor's duties related to the filing of a bankruptcy case. As you fill out the schedules and statement of affairs, you should keep the following in mind: 1) Completing the income and expense pages accurately and completely is critical a. To compile your income, refer to recent pay stubs and last year's income tax returns. Account for overtime, investment dividends and other earnings. b. Review your monthly expense payments and make a best estimate on cash expenditures. If you pay insurance annually, calculate the monthly cost. Obtain a copy of the IRS expense allowance for the area in which you live. If your expenses exceed these allowances, your attorney may need to make adjustments. c. When you value property you own: consider prices in the neighborhood for housing and in newspapers and car lots for vehicles. As to other items: compare what you would be paid for furniture and clothes at a

business selling these used items and what you would pay for that same used furniture and clothes. List both values. d. If you have an item of special value, you may need to obtain an appraisal. e. When listing creditor, collect current bills and use that information for mailing addresses and balances due. It is very VERY important that the addresses be correct. Use any statement or bill received in the last 90 days as the best place to obtain a current address. f. Under the law of this state certain property may be exempt and you may keep it. Obtain a copy of the Exemptions package. If a seller has a lien on exempt property, the lien may be avoidable or you may have to pay for the property in order to keep it. After you have prepared these lists an attorney should review them with you and decide what property qualifies as exempt.

Lawyer's Notes: ____ Chapter 7 or 13 (income exceeds expenses, foreclosure, taxes, fraud)

____ Child support or alimony owed.

____ Multiple Bankruptcies filed.

____ Fraudulent conveyance or preferential treatment

____ Non-exempt assets (microwave, PI claim, etc)

____ Tax issues (e.g. tax refund due)

____ Should both spouses file?

____ Judgment proof?

____ Business issue?

____ Student Loan?

ARIZONA EXEMPTIONS:
(Use of federal bankruptcy exemptions in 11 U.S.C. 522(d) not permitted in Arizona. See A.R.S. § 33-1133.) (Pursuant to A.R.S. § 33-1121.01 - each spouse/person has separate exemption. Therefore, $4000 in household furnishings is doubled for two adults in the house. The dollar amounts listed below are the resale, not retail, value of the asset. The exception to this rule is that the homestead exemption is capped at $150,000 per home (as of 8/25/04) (ARS § 33-1104). In order to qualify for a homestead the residence must be your primary residence. Items not on this list are not protected from your creditors. Nor are items on this list protected from creditors that you have granted a lien interest to - Deed of Trust on the home or security interest in personal property (charging your refrigerator at Sears using a Sears card, or using items as collateral for personal loans.) TYPE OF PROPERTY AMOUNT OF EXEMPTION STATUTE
Homestead, consisting of debtor's equity in real property used as residence. 1 apartment of horizontal property regime, or mobile home and land upon which located. ____________________________________________________ Kitchen table/4 chairs; dining table/4 chairs (plus 1 for each dependant over 4), Living room: couch, chair, plus 1 chair per dependant, 3 coffee/end tables, 3 lamps, rug; 2 beds, plus 1 per dependant, bed table, dresser, lamp, bedding for each; pictures, Oil paintings and drawings made by Debtor, family portraits, TV, radio, stove, refrigerator, washer, dryer, and vacuum_______ Food, fuel and provisions for 6 months used by Debtor & family Wearing apparel______________________________________ Musical instruments of Debtor and family__________________ Domestic pets, horses, milk cows and poultry_______________ Engagement and wedding rings__________________________ Library_____________________________________________ Typewriter, bicycle, sewing machine, family bible, burial lot, rifle, shotgun or pistol______________________________________ Watch______________________________________________ Motor Vehicle__(must be in your name)____________________ Wheel Chair and prescribed health aids_____________________ Interest in retirement plan qualified under Internal Revenue Code §§ 401(a), 403(a)(b), 408, 408(a), 409, 457 (deferred comp)______ Annuities or Life Insurance Proceeds______________________ Prepaid rent and security deposits for Debtor's residence_______ Life Insurance proceeds paid or payable to surviving Spouse or child Earning of minor child_________________________________ Health, accident or disability insurance_____________________ Insurance proceeds for damage or destruction of exempt property__ Cash surrender value of life insurance policies owned by the debtor_(owned for at least two unexpired, continuous years)___ Damages for wrongful levy or execution__________________ One single bank account______________________________ Necessary tools, equipment, instruments and books used in business or profession__________________________________________ Machinery, utensils, fee, grain seed and animals of farmer_____ Arms, uniforms/accoutrements required by law____________ Net disposable earnings (less deductions required by law) includes pension and retirements payment_______________________ Unemployment compensation benefits___________________ Workmen's compensation benefits______________________ Welfare assistance___________________________________ Child support or maintenance__________________________ Firemen's relief and pension benefits____________________ Police pension benefits_______________________________ Teachers' retirement benefits__________________________ State employees' retirement benefits_____________________ Fraternal Benefit Society benefits_______________________ School Equipment used to teach________________________ Firefighting equipment_______________________________ Property that belongs to the public______________________ Specific Partnership Property__________________________ Social Security_____________________________________ 150,000 (as of 8/25/04) - as against nonconsensual liens. Total exemption of $150,000 for both spouses. Applies to identifiable cash proceeds of homestead sale for 18 months after sale. ______________________________________ $4,000 aggregate value ______________________________________ 100%__________________________________ $500___________________________________ $250___________________________________ $500___________________________________ $1,000_________________________________ $250 __________________________________ $500 aggregate value_______________________ $100___________________________________ $5,000 ($10,000 if maimed or crippled)_________ 100%__________________________________ 100% (except contributions within 120 days before filing petition)__________________________ 100% exempt ­ warning - new law, could change Lesser of $1,000 or 1 1/2 months rent_________ $20,000_________________________________ 100%___________________________________ 100% (certain debts excepted)________________ 100% for damaged or destroyed property_______ $25,000 (beneficiary must be a dependant)______ 100%___________________________________ $150____________________________________ $2,500 (does not include personal motor vehicle)_ $2,500 (primary income from farming)_________ 100%__________________________________ 75% or 30 X the federal minimum hourly wage, per week, whichever is greater. Does not apply to child support obligations___________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ 100%___________________________________ A.R.S. § 33-1101 A.R.S. § 33-1104 ­ consensual liens excluded; A.R.S. § 33-1102 (recording not required) _________________________ A.R.S. § 33-1123 __________________________ _____A.R.S. § 33-1124________ _____A.R.S. § 33-1125(1)______ _____A.R.S. § 33-1125(2)______ _____A.R.S. § 33-1125(3)______ _____A.R.S. § 33-1125(4)______ _____A.R.S. § 33-1125(5)______ _____A.R.S. § 33-1125(7)______ _____A.R.S. § 33-1125(6)______ _____A.R.S. § 33-1125(8)______ _____A.R.S. § 33-1125(9)______ _____A.R.S. § 33-1126(C)_____ _____A.R.S. § 20-1131________ _____A.R.S. § 33-1126(D)_____ _____A.R.S. § 33-1126(A)(1)___ _____A.R.S. § 33-1126(A)(2)___ _____A.R.S. § 33-1126(A)(4)___ _____A.R.S. § 33-1126(A)(5)___ _____A.R.S. § 33-1126(A)(6)___ _____A.R.S. § 33-1126(A)(7)___ _____A.R.S. § 33-1126(A)(8)___ _____A.R.S. § 33-1130(1)______ _____A.R.S. § 33-1130(2)______ _____A.R.S. § 33-1130(3)______ _____A.R.S. § 33-1131________ _____A.R.S. § 23-783_________ _____A.R.S. § 23-1068________ _____A.R.S. § 46-208_________ _____A.R.S. § 33-1126(A)(3)___ _____A.R.S. § 9-968__________ _____A.R.S. § 9-931__________ _____A.R.S. § 43-1201________ _____A.R.S. § 38-792_________ _____A.R.S. § 20-881_________ _____A.R.S. § 33-1127________ _____A.R.S. § 33-1128________ _____A.R.S. § 33-1129________ _____A.R.S. §29-255(B)(3)____ ___42 U.S.C. 407(a), SEC 207__