Alaska Bankruptcy Exemptions
What are the Alaska exemptions in Chapter 7 cases?
Everyone within the state is concerned with Alaska bankruptcy exemptions. The definitions applied to various property types will determine inclusion or rejection by the court. All property properly designated within claim form H within the Chapter 7 schedules will be allowed to retain exempt property, subject to valid liens, if any. Of particular concern, many debtors are surprised by statutory liens that attach automatically without their consent. In general, homestead exemptions are unaffected by most statutory liens, yet many other items of personal property may be attached in a dragnet fashion, and are subject to repossession despite exempt status. For instance, in connection with a personal injury suit, a lien for medical expenses may attach to all future settlements with third parties, and this lien remains enforceable despite filing bankruptcy and the exempt status of personal injury settlements required for support.
Interpretation of Alaskan Law
Just as all statutes are subject to amendment by the Alaska legislature, the application of exemption laws may be altered by judicial precedent. The scope of coverage, procedure for designation (if any), and exceptions to coverage may be expanded or limited by court decisions. Following a decision rendered by a state court or federal district court, the Bankruptcy courts of Alaska are bound to follow precedents that establish valid law.