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Alaska Bankruptcy Laws

Bankruptcy is governed by federal law, but Alaska state law provides property exemptions that can protect assets during filing. Uniquely, Alaska has not opted out of the federal exemption system — filers who have resided in Alaska for at least 730 days (2 years) may choose between Alaska state exemptions or federal exemptions, whichever is more favorable. Alaska's homestead exemption protects $72,900 in home equity.

Last verified: 2026-02-26

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before receiving a discharge.

Means Test

Chapter 7 filers must pass a means test comparing their income to Alaska's median income. Alaska's median income is among the highest in the nation due to the high cost of living.

Key Alaska Statutes

Homestead ExemptionAS 09.38.010

Protects up to $72,900 of equity in your primary residence. The exemption is not doubled for married couples filing jointly — spouses share a single homestead exemption.

Vehicle ExemptionAS 09.38.020(e)

Protects up to $4,050 in equity in one motor vehicle. The total value of the vehicle may not exceed $27,000.

Personal Property ExemptionsAS 09.38.020

Protects household goods, furniture, and clothing up to $4,050 per item; jewelry up to $1,350; health aids (no limit); and tuition savings accounts. Additional exemptions exist for burial plots and personal injury recoveries.

Tools of Trade ExemptionAS 09.38.020(c)

Implements, professional books, and tools of the trade are exempt up to $4,050.

Retirement Account ExemptionsAS 09.38.015; 11 U.S.C. § 522(b)(3)(C)

Retirement accounts including pensions, Alaska PERS benefits, IRAs, and 401(k)s are generally fully exempt from creditors in bankruptcy under both state and federal law.

Wage ExemptionsAS 09.38.030

Weekly net earnings up to $743 are fully exempt. For amounts above that, the lesser of 25% of disposable earnings or the amount exceeding $743 can be garnished.

Choice of Federal or State ExemptionsAS 09.38.055

Alaska allows bankruptcy filers to choose between state exemptions (AS 09.38) and federal bankruptcy exemptions (11 U.S.C. 522(d)), provided the filer has resided in Alaska for at least 730 days. This choice can significantly affect which assets you can protect.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at U.S. Bankruptcy Court — District of Alaska. For advice about your specific situation, consult a licensed attorney.

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