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Arizona Bankruptcy Laws - Homestead Exemption Value

Arizona Revised Statutes Section 33-1101 provides, in part, "Homestead defined; homestead exemptions; persons entitled to hold homesteads A) Any person the age of eighteen or over, married or single, who resides within the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred thousand dollars in value, any one of the following: 1) The person's interest in real property in one compact body upon which exists a dwelling house in which the person resides, 2) The person's interest in one condominium or cooperative in which the person resides, 3) A mobile home in which the person resides, or 4) A mobile home in which the person resides plus the land upon which that mobile home is located.

Operation of Arizona Bankruptcy Laws

Value in Arizona bankruptcy courts is determined based upon the fair market price of real estate and improvements, less amounts owed. "Fair market" is not a retail value expected by professional sellers or advertisers. Likewise, forced liquidation values are not representative of a fair market. The value of property is an estimate of an agreement reached between a willing buyer and a willing seller under current market conditions. Creditors may file objections to the calculation of equity which may be subject to disbursement.

See also, Federal Exemptions

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