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Ark. Code Ann. § 16-66-218

Exemptions from execution under federal bankruptcy proceedings

Applied in 13 court decisions — leading case In Re Hudspeth (1988)

Most recently applied in In Re Gandy (July 2005)

Acts 1981, No. 419, § 2; A.S.A. 1947, § 36-211; Acts 1987, No. 932, § 1; 1989, No. 821, § 5.

How often courts cite this section

198819902000200540
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The following property shall be exempt from execution under bankruptcy proceedings pursuant to Pub. L. No. 95-598: The unmarried debtor's aggregate interest, not exceeding eight hundred dollars ($800) in value, and the married debtor's aggregate interest, not exceeding one thousand two hundred fifty dollars ($1,250) in value, in real or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor;

(2) The debtor's interest, not to exceed one thousand two hundred dollars ($1,200) in one (1) motor vehicle;

(3) The debtor's aggregate interest in the debtor's or the debtor's spouse's wedding bands, including diamonds mounted thereon not exceeding one-half (½) carat in weight;

(4) The debtor's aggregate interest, not to exceed seven hundred fifty dollars ($750) in value in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor.

(5) The exemptions granted in subsection (a) of this section shall be in addition to the present exemptions granted by Arkansas law as listed below: The personal property of an unmarried person not the head of a family not exceeding a value of two hundred dollars ($200) in addition to such person's wearing apparel — Arkansas Constitution, Article 9, Section 1;

(6) The personal property of a married person or head of a family not exceeding a value of five hundred dollars ($500) in addition to such person's wearing apparel — Arkansas Constitution, Article 9, § 2;

(7) Rural homesteads not exceeding one hundred sixty (160) acres of land with improvements thereon, up to two thousand five hundred dollars ($2,500) in value but in no event less than eighty (80) acres without regard to value — Arkansas Constitution, Article 9, § 4;

(8) The urban homestead not exceeding one (1) acre of land with improvements thereon, but not to exceed two thousand five hundred dollars ($2,500) in value, but in no event to be less than one-quarter (¼) of an acre of land without regard to value — Arkansas Constitution, Article 9, § 5;

(9) The rural or urban homestead of a widow or surviving dependent children including the rents and profits from such homestead — Arkansas Constitution, Article 9, § 6;

(10) Sixty (60) days' wages, not exceeding the limits imposed by the Arkansas Constitution, Article 9, §§ 1 and 2, but in no instance less than twenty-five dollars ($25.00) per week — § 16-66-208;

(11) Proceeds of life, health, accident, and disability insurance — § 16-66-209;

(12) Department of Arkansas State Police retirement benefits — §§ 24-6-202, 24-6-205, 24-6-223;

(13) Stipulated premium insurance benefits — § 23-71-112;

(14) Mutual assessment insurance benefits — § 23-72-114;

(15) Fraternal benefit society benefits — § 23-74-119 [repealed];

(16) Assets of delinquent insurer — § 23-68-120;

(17) Rights to unemployment benefits and benefits received but not mingled with other funds except for debts incurred for necessities furnished during the time of unemployment — §§ 11-10-107 — 11-10-110;

(18) Workers' compensation benefits — § 11-9-110;

(19) Public welfare assistance grants — § 20-76-430;

(20) All contributions made by a debtor to an individual retirement account, as that term is defined for federal income tax purposes and state income tax purposes, for a period exceeding one (1) year prior to the filing of a petition of bankruptcy. However, the maximum amount of individual retirement account contributions that may be claimed under this subdivision shall not exceed twenty thousand dollars ($20,000) for an individual and twenty thousand dollars ($20,000) for a husband and wife combined; and

(21) All other benefits exempt by law but not specifically enumerated herein.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.