Arizona Bankruptcy Exemption Worksheet

ARIZONA BANKRUPTCY EXEMPTION WORKSHEET

Part 1 — Debtor Identification

☐ Debtor has been domiciled in Arizona for at least 730 days preceding the petition date and is required to use Arizona state exemptions per 11 U.S.C. § 522(b)(3)(A).

☐ Debtor has NOT met the 730-day rule. Apply 180-day look-back. Governing state: [________________________________]

☐ Debtor confirms that no federal § 522(d) exemptions are claimed (A.R.S. § 33-1133(B)).

Part 2 — Homestead Exemption Analysis (A.R.S. §§ 33-1101 to 33-1105)

2.1 Description of Homestead Property

2.2 Equity Computation

2.3 Exemption Claimed

☐ Debtor occupied the property as a primary residence on the petition date.

☐ Property has been the debtor's principal residence for at least 1,215 days preceding the petition date (11 U.S.C. § 522(p) cap of $189,050 inapplicable).

☐ Debtor (or debtor's family) claims only ONE homestead per A.R.S. § 33-1101(B). No spouse or family member is asserting a separate homestead.

☐ Recorded Declaration of Homestead attached as Exhibit B (optional but recommended).

Part 3 — Personal Property Exemptions (A.R.S. §§ 33-1123 to 33-1126)

3.1 Household Furniture, Furnishings, Goods, Electronics, and Appliances (§ 33-1123)

3.2 Motor Vehicle (§ 33-1125(8))

☐ Debtor or dependent has a physical disability supporting the $25,000 cap. Documentation attached as Exhibit C.

3.3 Personal Items Schedule (§ 33-1125)

3.4 Tools of the Trade (§ 33-1130)

☐ Items listed are primarily used in and necessary to the debtor's commercial activity, trade, business, or profession.

3.5 Money, Proceeds, and Insurance Benefits (§ 33-1126)

Part 4 — Wages and Earnings (A.R.S. § 33-1131)

☐ Wages are post-petition; not property of the bankruptcy estate in a Chapter 7 (11 U.S.C. § 541(a)(6)).

☐ Wages earned pre-petition but unpaid as of petition date are property of the estate; exemption claimed: $[____________].

Part 5 — Public Benefits, Retirement, and Other Statutory Exemptions

Part 6 — Property NOT Exempt Under Arizona Law

Part 7 — Summary of Exemptions Claimed

Part 8 — Strategic Considerations Checklist

☐ Confirmed 730-day domicile rule satisfied; AZ exemptions applicable.

☐ Confirmed 1,215-day rule for full state homestead (avoids 11 U.S.C. § 522(p) cap).

☐ No transfers within 10 years preceding petition that could trigger 11 U.S.C. § 522(o) reduction of homestead for non-exempt-to-exempt asset conversion with intent to defraud.

☐ No pre-petition exemption planning that constitutes "extreme" pre-bankruptcy planning under In re Carey, 938 F.3d 1224 (11th Cir. 2019), or analogous Ninth Circuit authority.

☐ Considered timing of petition relative to anticipated tax refunds, bonuses, inheritances.

☐ Verified CPI-adjusted current dollar amounts for §§ 33-1101, 33-1123, 33-1125 with the Arizona Supreme Court Administrative Office or Bankruptcy Court website (annual adjustment effective January 1 of each year).

☐ Considered whether to record a Declaration of Homestead under A.R.S. § 33-1102 (not required but useful in creditor disputes).

☐ Reviewed whether any creditor has served a § 33-1102(B) demand triggering the 30-day designation rule.

☐ Identified all secured creditors with liens that survive bankruptcy (mortgages, auto loans, judgment liens that may be avoidable under 11 U.S.C. § 522(f)).

☐ Considered avoidance of judicial liens impairing exemptions under 11 U.S.C. § 522(f)(1)(A).

☐ Considered avoidance of non-purchase-money, non-possessory security interests in household goods under 11 U.S.C. § 522(f)(1)(B).

☐ Discussed objection deadlines under Fed. R. Bankr. P. 4003(b) with client (30 days after meeting of creditors concludes).

Part 9 — Debtor Verification

I, the undersigned debtor, declare under penalty of perjury under the laws of the United States and the State of Arizona that I have reviewed the foregoing exemption worksheet, that the values stated above reflect my good-faith estimate of fair market value as of the petition date, and that I claim the exemptions identified above as authorized by Arizona Revised Statutes Title 33, Chapter 8, and the federal non-bankruptcy exemptions cross-referenced herein. I understand that Arizona is an opt-out state under A.R.S. § 33-1133(B) and that I may not claim federal exemptions under 11 U.S.C. § 522(d).

Prepared by Counsel:

Sources and References

• A.R.S. Title 33, Chapter 8 (Homestead and Personal Property Exemptions): https://www.azleg.gov/arsDetail/?title=33
• A.R.S. § 33-1101 (Homestead): https://www.azleg.gov/ars/33/01101.htm
• A.R.S. § 33-1102 (Homestead acquisition): https://www.azleg.gov/ars/33/01102.htm
• A.R.S. § 33-1123 (Household furniture): https://www.azleg.gov/ars/33/01123.htm
• A.R.S. § 33-1125 (Personal items): https://www.azleg.gov/ars/33/01125.htm
• A.R.S. § 33-1126 (Money, proceeds, benefits): https://www.azleg.gov/ars/33/01126.htm
• A.R.S. § 33-1130 (Tools of trade): https://www.azleg.gov/ars/33/01130.htm
• A.R.S. § 33-1131 (Wages): https://www.azleg.gov/ars/33/01131.htm
• A.R.S. § 33-1133 (Federal exemption opt-out): https://www.azleg.gov/ars/33/01133.htm
• 11 U.S.C. § 522 (Bankruptcy exemptions): https://www.law.cornell.edu/uscode/text/11/522
• Arizona Proposition 209 (2022) summary (Ballotpedia): https://ballotpedia.org/Arizona_Proposition_209
• U.S. Bankruptcy Court for the District of Arizona: https://www.azb.uscourts.gov/