(a) An individual debtor who is in possession of money that was obtained as payment for an injury or disability may request the court to order an increase in the exemption amounts under Alaska Stat. § 09.38.030. The individual debtor shall submit affidavits or offer testimony in support of the request as required by the court. The court shall determine the exemption amount after consideration of the individual’s responsibilities and all the present and anticipated property and income of the individual, including that which is exempt.

Terms Used In Alaska Statutes 09.38.050

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • earnings: means money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise. See Alaska Statutes 09.38.500
  • exempt: means protected, and "exemption" means protection, from subjection to process or a proceeding to collect an unsecured debt. See Alaska Statutes 09.38.500
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The exemption amounts under Alaska Stat. § 09.38.030 may be increased when the individual submits an affidavit, under penalty of perjury, stating that the individual’s earnings alone support the individual’s household; by so doing, the maximum part of the individual’s aggregate disposable earnings for any week subject to execution may not exceed the amount by which the individual’s disposable earnings for that week exceed $550, or, if the individual is claiming an exemption for cash or other liquid assets under Alaska Stat. § 09.38.030(b), a maximum amount of $2,200 available in a month is exempt.
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