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Idaho law

Bankruptcy Laws in Idaho.

Bankruptcy is governed by federal law, but Idaho determines which property exemptions apply. Idaho has opted out of the federal exemption system under Idaho Code § 11-609, meaning filers must use Idaho's state exemptions exclusively. Idaho's homestead exemption protects up to $175,000 in equity in a primary residence. The vehicle exemption is $10,000.

Last verified: 2026-02-25

State law

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers are 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 discharge.

State law

Key Idaho Statutes

Homestead ExemptionIdaho Code § 55-1003

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.

Motor Vehicle ExemptionIdaho Code § 11-605(3)

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

Personal Property ExemptionsIdaho Code § 11-605

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.

Opt Out of Federal ExemptionsIdaho Code § 11-609

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).

Wage Garnishment LimitsIdaho Code § 11-207

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 Account ExemptionsIdaho Code § 11-604A

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

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Idaho.

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