Idaho Bankruptcy Laws

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

Federal filing fee for Chapter 13 bankruptcy.

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

Protects up to $175,000 of equity in your primary residence. There is no acreage limit. The exemption also applies to sale proceeds for 6 months after receipt. Married couples cannot double the homestead exemption.

Protects up to $10,000 in equity in one motor vehicle.

Protects household furnishings, goods, and clothing up to $1,000 per item and $7,500 total. Also exempts professionally prescribed health aids, one firearm up to $750, and family photographs, heirlooms, and burial plots.

Idaho has opted out of the federal bankruptcy exemptions. Debtors filing in Idaho must use only Idaho state exemptions and cannot choose the federal exemption schedule under 11 U.S.C. § 522(d).

Idaho limits wage garnishment to the lesser of 25% of disposable weekly earnings or the amount by which disposable weekly earnings exceed 30 times the federal minimum hourly wage.

Retirement benefits including IRAs, 401(k)s, pensions, and other qualified plans are exempt from creditors in bankruptcy proceedings.