§ 09.38.010 Homestead exemption
§ 09.38.015 Property exempt without limitation
§ 09.38.017 Exemption of retirement plan interests and payments
§ 09.38.020 Exemptions of personal property subject to value limitations
§ 09.38.025 Exemption of unmatured life insurance and annuity contracts
§ 09.38.030 Exemption of earnings and liquid assets
§ 09.38.035 Continuing lien on wages
§ 09.38.040 Priorities between continuing liens
§ 09.38.045 Effective date of continuing lien
§ 09.38.050 Increased exemption amount
§ 09.38.055 Bankruptcy proceedings
§ 09.38.060 Tracing exempt property
§ 09.38.065 Claims enforceable against exempt property
§ 09.38.070 Limitation on enforcement of certain security interests in exempt goods
§ 09.38.075 Special procedures relating to limited value exemptions; burden of proof
§ 09.38.080 Procedures applicable to a levy on property of an individual
§ 09.38.085 Contents of notice; forms
§ 09.38.090 Assertion of rights by another
§ 09.38.095 Judicial relief
§ 09.38.100 Debtor’s property owned with another
§ 09.38.105 Waiver of exemption
§ 09.38.110 Federal requirements
§ 09.38.115 Adjustment of dollar amounts
§ 09.38.120 Protection of property of residents and nonresidents
§ 09.38.500 Definitions
§ 09.38.510 Short title

Terms Used In Alaska Statutes > Chapter 38 - Alaska Exemptions Act

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • burial plot: means a parcel of real estate that is used for burial of human remains and that is located within an area designated for cemetery purposes by the state or a municipality. See Alaska Statutes 09.38.500
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • creditor: includes the state on behalf of a victim of a crime or a delinquent act. See Alaska Statutes 09.38.500
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debt: means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise. See Alaska Statutes 09.38.500
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • dependent: means an individual who derives support primarily from another individual. See Alaska Statutes 09.38.500
  • Dependent: A person dependent for support upon another.
  • earnings: means money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise. See Alaska Statutes 09.38.500
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • household goods: includes those items that make a residence habitable according to modern standards. See Alaska Statutes 09.38.500
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legatee: A beneficiary of a decedent
  • levy: means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt. See Alaska Statutes 09.38.500
  • lien: means

    (A) a security interest. See Alaska Statutes 09.38.500

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • principal residence: means the actual dwelling place of an individual or dependents of the individual and includes real and personal property. See Alaska Statutes 09.38.500
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • security interest: means an interest in property created by contract to secure payment or performance of an obligation. See Alaska Statutes 09.38.500
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • value: means fair market value of an individual's interest in property, exclusive of liens of record. See Alaska Statutes 09.38.500
  • Venue: The geographical location in which a case is tried.
  • victim: has the meaning given in Alaska Stat. See Alaska Statutes 09.38.500
  • victim of a crime or a delinquent act: means a victim of a crime or a delinquent act committed in violation of state law. See Alaska Statutes 09.38.500
  • wearing apparel: means clothing and garments intended and adapted to be worn on the person to protect the person against the elements or to provide personal comfort or decency, or serving to ornament the person but does not include jewelry. See Alaska Statutes 09.38.500
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes printing. See Alaska Statutes 01.10.060