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Arkansas Asset Protection Laws

Filed under Asset Protection Strategies. Fact checked on April 22, 2012.

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These assets are exempted from a state court or bankruptcy proceeding in Arkansas.

Homestead: A debtor must choose either option 1 or 2.

  1. For head of family; real or personal property used as residence, to an unlimited value. Property cannot exceed 1/4-acre in city, town or village, or 80 acres elsewhere. If property is between 1/4- to 1 acre in city, town or village, and 80 to 160 acres elsewhere, up to $2,500; no homestead may exceed 1 acre in city, town or village, or 160 acres elsewhere. Husband and wife may not double the homestead exemption.
  2. Real or personal property used as residence, to $800 if single, $1,250 if married.

Pensions and Retirement Benefits: Retirement plans for firefighters, police officers and school employees. IRA exemptions for deposits of $20,000, if deposited more than one year prior to filing. Roth IRAs and regular IRAs up to $1,095,000 per person.

Insurance: Annuity contract. Disability benefits. Fraternal society benefits. Group life insurance. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Life insurance proceeds or avails if beneficiary isn't the insured. Life, health, accident or disability cash value or proceeds paid or due (limited to the $500 exemption provided by section 9-1 and 9-2 of the Arkansas Constitution). Mutual assessments life or disability benefits to $1,000. Stipulated insurance premiums.

Personal Property: Burial plot to 5 acres. Clothing. Motor vehicle to $1,200. Wedding bands; any diamond can't exceed 1/2-carat.

Tools of Trade: Implements/books/tools up to $750.

Miscellaneous: Business partnership property.

Wages: 60 days' earned but unpaid wages if debtor's personal property plus such wages do not exceed constitutional maximum exemption. Minimum of $25 per week exempt.

Public Benefits: Unemployment compensation. Workers' Compensation. Aid to blind, aged, disabled. AFDC. Crime victim's compensation unless seeking to discharge debt for treatment of injury incurred during the crime.

Wild Card: $500 of any personal property if married or head of family; or else $200.

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