Idaho
Bankruptcy in Idaho (2026): Exemptions & Means Test
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 4 primary sources cited on this page. How we verify our legal content

Bankruptcy is governed by federal law, but in Idaho the property you can protect and the income test you must pass are set by state-specific rules. Idaho has opted out of the federal bankruptcy exemptions, so residents must use Idaho's own exemption statutes. This page explains Idaho's exemptions, the Chapter 7 means test, and where cases are filed, as general legal information rather than legal advice.
Does Idaho use state or federal bankruptcy exemptions?
Federal law lets each state decide whether residents may use the federal exemption list in 11 U.S.C. 522(d). Idaho is an opt-out state, so Idaho residents must use the Idaho exemptions and cannot elect the federal 522(d) list. The applicable exemptions appear mainly in Idaho Code title 11, chapter 6 (personal property) and Idaho Code 55-1003 (homestead). If you recently moved to Idaho, the federal domicile rules in 11 U.S.C. 522(b)(3) may require you to use another state's exemptions for a period, so the list that applies depends on your residency history.
Idaho homestead exemption
Under Idaho Code 55-1003, the homestead exemption protects equity in a primary residence up to $175,000. The cap applies to the protected equity, not to the size of the lot, and the homestead generally arises automatically on an owner-occupied dwelling. The $175,000 figure is a fixed statutory amount and is not automatically indexed for inflation, so it changes only when the legislature amends the statute. A 2025 amendment to Idaho Code 55-1002 (2025 ch. 235) states that each spouse may separately claim a homestead exemption in the 55-1003 amount, which can increase the total protection for a married couple. Because exemption amounts can be amended, confirm the current figure for your filing date.

Motor-vehicle, wildcard, and personal-property exemptions
Idaho's personal-property exemptions are set out in Idaho Code 11-605 and related sections:
- Motor vehicle: one vehicle up to $10,000 of equity.
- Wildcard: up to $1,500 of any tangible personal property, which can be applied to assets that do not fit another category.
- Household goods and clothing: household furnishings, appliances, clothing, books, pets, and similar items, with a per-item limit of $1,000 and a total cap of $7,500.
- Tools of the trade: up to $10,000 in implements, professional books, business equipment, and tools used in your work.
- Wages: Idaho follows the federal garnishment limits, protecting the greater of 75 percent of disposable weekly earnings or 30 times the federal minimum wage; certain unpaid wages are also exempt up to a statutory annual amount.
- Other: most retirement accounts, public benefits, and certain insurance proceeds are protected.
These statutory figures are subject to amendment, so verify current amounts before relying on them.
The Chapter 7 means test in Idaho
The means test determines whether your income is low enough to file Chapter 7 without a presumption of abuse. The first step compares your household's current monthly income, annualized, to the median family income for an Idaho household of your size, as published by the U.S. Trustee Program (justice.gov/ust). If you are at or below the median, you generally pass the first step. If you are above it, a detailed calculation of allowed expenses and disposable income applies.
For cases filed on or after April 1, 2026, the U.S. Trustee Program lists Idaho's median family income as:
- 1 earner: $73,413
- 2 people: $86,160
- 3 people: $98,381
- 4 people: $119,662
- Add $11,100 for each individual in excess of four.
The U.S. Trustee Program updates these figures periodically, typically about twice a year, so check the current table for your filing date.
Chapter 7 vs. Chapter 13
Chapter 7 is a liquidation. A trustee may sell non-exempt property to pay creditors, and most remaining unsecured debts are discharged, often within a few months. Because Idaho's exemptions, including the large homestead and vehicle amounts, protect a defined level of property, many filers keep everything they own. Chapter 7 suits people with limited income and mostly unsecured debt such as credit cards and medical bills.

Chapter 13 is a reorganization for people with regular income who want to cure a mortgage or car-loan default, or who do not pass the Chapter 7 means test. You repay some or all of what you owe through a court-approved plan lasting three to five years, then receive a discharge of remaining eligible balances.
In both chapters, filing triggers the automatic stay under 11 U.S.C. 362, which immediately stops most collection efforts, including foreclosure, repossession, lawsuits, and wage garnishment, while the case proceeds.
Where you file in Idaho
Idaho is a single federal district. All bankruptcy cases are filed in the U.S. Bankruptcy Court for the District of Idaho, which operates through divisions in Boise (Southern), Coeur d'Alene (Northern), Moscow (Central), and Pocatello/Twin Falls (Eastern). You file in the division that serves the county where you have lived for the greater part of the last 180 days.
What bankruptcy can and cannot do
Most unsecured debts, such as credit cards, medical bills, and personal loans, are dischargeable. Some obligations generally are not, including most student loans, recent income taxes, child support and alimony, and debts arising from fraud. Credit counseling from an approved agency is required before filing, and a debtor-education course is required before discharge. Bankruptcy has lasting effects on credit and is not the right choice for everyone, so consider consulting a licensed Idaho bankruptcy attorney about your specific situation.

Frequently Asked Questions
Does Idaho use state or federal bankruptcy exemptions?
Idaho has opted out of the federal exemptions. Residents must use Idaho's state exemptions in Idaho Code title 11, chapter 6 and Idaho Code 55-1003, and cannot choose the federal list in 11 U.S.C. 522(d), subject to the federal domicile rules for recent movers.
What is the homestead exemption in Idaho?
Under Idaho Code 55-1003, up to $175,000 of equity in a primary residence. It is a fixed statutory cap, not automatically indexed for inflation, and 2025 legislation lets each spouse claim the full amount. Confirm the current figure for your filing date.
What is the Idaho median income for the means test?
For cases filed on or after April 1, 2026, the U.S. Trustee Program lists Idaho's median family income as $73,413 for 1 person, $86,160 for 2, $98,381 for 3, and $119,662 for 4, adding $11,100 per additional person. These figures update periodically.
Will I lose my house or car in an Idaho bankruptcy?
Often no. Idaho's homestead exemption protects up to $175,000 of home equity and the motor-vehicle exemption protects up to $10,000 of car equity. If your equity is within these limits and you stay current on secured payments, you can typically keep the property. Equity above the limits may be at risk in Chapter 7 but can often be addressed in Chapter 13.
Is the Idaho homestead exemption adjusted for inflation?
No. The $175,000 amount in Idaho Code 55-1003 is a fixed statutory cap that changes only when the legislature amends it, not through automatic annual indexing.
Which bankruptcy court handles my Idaho case?
All Idaho cases are filed in the U.S. Bankruptcy Court for the District of Idaho, which has divisions in Boise, Coeur d'Alene, Moscow, and Pocatello/Twin Falls.
What is the automatic stay?
The automatic stay under 11 U.S.C. 362 takes effect when you file and immediately stops most collection actions, including foreclosure, repossession, lawsuits, and wage garnishment, while your case is pending.
Can bankruptcy erase all of my debts?
No. Most unsecured debts are dischargeable, but obligations such as most student loans, recent taxes, child support, alimony, and debts from fraud generally are not.
Overwhelmed by debt in Idaho? Get a free bankruptcy consultation
Bankruptcy can stop foreclosure, wage garnishment, and creditor calls, and which debts you can clear and what property you keep depend on Idaho's exemptions. Get a free, confidential consultation with a Idaho bankruptcy attorney to understand your options. There is no obligation.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Idaho Code
§ 11-609Nonauthorization of federal bankruptcy exemptions. In any federal bankruptcy proceeding, an individual debtor may exempt from property of the estate only such property as is specified under the laws of this stateIn force
11-609. Nonauthorization of federal bankruptcy exemptions. In any federal bankruptcy proceeding, an individual debtor may exempt from property of the estate only such property as is specified under the laws of this state.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 11-605Exemptions of personal property AND DISPOSABLE EARNINGS subject to value limitationsIn forcecited in 2 of our articles
11-605. Exemptions of personal property AND DISPOSABLE EARNINGS subject to value limitations. (1) An individual is entitled to exemption of the following property to the extent of a value not exceeding one thousand dollars ($1,000) on any one (1) item of property and not to exceed a total value of…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 36 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Powell v. Powell (Idaho Supreme Court 2006, 142 Idaho 815)“…thleen claimed the $3000 exemption in the Jeep provided by Idaho Code § 11-605 (3). Edward contested the exemption pur…”
- In Re Seibold (United States Bankruptcy Court, D. Idaho 2006, 351 B.R. 741)“…n her *744 car, a 2001 Chevy Tracker, under Idaho Code § 11-605 (3) on Schedule C. She also listed Lynn…”
- In Re DeHaan (United States Bankruptcy Court, D. Idaho 2002, 275 B.R. 375)“…or is seeking more than the $800.00 maximum exemption under Idaho Code Section 11-605(10). 3. Debtor is seeking to exp…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Debt Collection Laws: Garnishment Limits, Debt Deadlines, and Repossession
§ 55-1003Homestead exemption limited. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000)In force
55-1003. Homestead exemption limited. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000).
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Hopkins v. Cerchione (In Re Cerchione) (United States Bankruptcy Appellate Panel for the Ninth Circuit 2009, 414 B.R. 540)“…ion in the Property of $100,000, the maximum allowed under Idaho Code § 55-1003 . The Cerchiones claimed an ownership i…”
- In Re Kline (United States Bankruptcy Court, D. Idaho 2005, 350 B.R. 497)“…tors claimed a homestead exemption in the Lava cabin under Idaho Code § 55-1003 for its full value of $21,600. Docket…”
- In Re Cerchione (United States Bankruptcy Court, D. Idaho 2009, 398 B.R. 699)“…they claimed a homestead exemption on a house pursuant to Idaho Code § 55-1003 , for the maximum amount allowed by the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 11
§ 362Automatic stayIn forcecited in 53 of our articles
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; any act to create, perfect, or enforce any lien against property of the estate; any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; any act to…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 19,606 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (1988) held that an undersecured creditor gets no interest as adequate protection under 362(d)(1) for delay caused by the stay. NLRB v. Bildisco & Bildisco (1984) applied 362(a) in requiring claims be pursued through bankruptcy administration, not suit.
Opinions citing this section in our collection:
- Clinton v. Jones (Supreme Court of the United States 1997, 520 U.S. 681)“…ublic interests. Brief for Petitioner 34-36. See, e. g., 11 U. S. C. § 362 (litigation against debtor stayed upon…”
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (Supreme Court of the United States 1988, 484 U.S. 365)✓An undersecured lender on a Houston apartment project sought monthly payments as the price of continuing the § 362(a) automatic stay; the Court held that 'adequate protection' under § 362(d)(1) does not entitle it to interest for the delay in foreclosing on its collateral.
- Pennzoil Co. v. Texaco Inc. (Supreme Court of the United States 1987, 481 U.S. 1)“…if it were forced to file for bankruptcy under Chapter 11. 11 U. S. C. §362 . Texaco, or its successor in interest,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy in Alaska (2026): Exemptions & Means Test, Bankruptcy in Arizona (2026): Exemptions & Means Test, Bankruptcy in Alabama (2026): Exemptions & Means Test
§ 522ExemptionsIn forcecited in 53 of our articles
In this section— “dependent” includes spouse, whether or not actually dependent; and “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 7,574 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Taylor v. Freeland & Kronz (1992) held that a trustee who does not object within the 30-day period cannot later challenge an exemption claimed under 522(l), even one with no statutory basis. Owen v. Owen (1991) held that 522(f) lien avoidance is not defeated by a state exemption written to exclude lien-encumbered property.
Opinions citing this section in our collection:
- Taylor v. Freeland & Kronz (Supreme Court of the United States 1992, 503 U.S. 638)✓A Chapter 7 debtor listed the entire proceeds of her TWA discrimination suit as exempt and the trustee let the 30-day objection window lapse; the Court held that under § 522(l) the property is exempt once no one objects, even absent a colorable statutory basis.
- Patterson v. Shumate (Supreme Court of the United States 1992, 504 U.S. 753)✓A debtor's $250,000 ERISA pension interest was excluded from his estate under § 541(c)(2); answering a surplusage argument, the Court read § 522(d)(10)(E) as exempting a broader set of plans, and expressly declined to decide whether § 522(b)(2)(A) also applied.
- Owen v. Owen (Supreme Court of the United States 1991, 500 U.S. 305)✓An ex-wife's judgment lien attached to a Florida condo before state law made it a homestead; the Court held § 522(f) measures impairment against the exemption the debtor would have had but for the lien, so Florida's carve-out for prior liens did not defeat avoidance.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy Laws by State (2026): Exemptions & Means Test, Bankruptcy in Arkansas (2026): Exemptions & Means Test, Bankruptcy in Delaware (2026): Exemptions & Means Test
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Sources and References
- U.S. Trustee Program, Census Bureau Median Family Income by Family Size (cases filed on or after April 1, 2026)(justice.gov).gov
- Idaho Code 55-1003 (homestead exemption limited)(legislature.idaho.gov).gov
- Idaho Code 11-605 (exemptions of personal property and disposable earnings)(legislature.idaho.gov).gov
- U.S. Bankruptcy Court for the District of Idaho (court information and divisions)(id.uscourts.gov).gov
- 11 U.S.C. 522 (exemptions; state opt-out under subsection (b)) via Cornell Legal Information Institute(law.cornell.edu)
- 11 U.S.C. 362 (automatic stay) via Cornell Legal Information Institute(law.cornell.edu)