Homestead exemption for your principal residence (amount adjusted by regulation)
Alaska Stat. § 09.38.010(a)
In plain words
Alaska protects your interest in the home you or your dependents use as a principal residence, up to a dollar cap. The statute states $54,000, but the amount is adjusted by regulation; our state profile reports $72,900 for 2026. Only one cap applies per residence.
Who is protected
Alaska individuals with a principal residence in the state.
When it applies
- Only in Alaska.
- Only if the home is your primary residence.
What you can do
Compare your options
Check the current adjusted amount before relying on it in bankruptcy.
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Our Alaska page explains the whole process step by step, with its sources and free local help.
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Honest limits
- It does not stop a foreclosure by your mortgage lender.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawHomestead exemption
Alaska Stat. § 09.38.010(a)
Exact part: (a)
What it says: Exempts the individual’s interest in a principal residence, up to a stated dollar value.
Read the official texthttps://law.justia.com/codes/alaska/title-9/chapter-38/section-09-38-010/
Court cases
- Homeowner wonSame topicBartee v. Tara Colony Homeowners Ass'n
Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)
Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
- Homeowner lostSame topicNobelman v. American Savings Bank
Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993)
a Chapter 13 debtor may not reduce a mortgage secured only by the principal residence to the fair market value of the home
- Partial winSame topicTaggart v. Lorenzen
Taggart v. Lorenzen, 587 U.S. 554 (2019)
a creditor may be held in civil contempt for violating a bankruptcy discharge order when there is no fair ground of doubt that the order barred its conduct
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicYoung v. Repine (In re Repine)
Young v. Repine (In re Repine), 536 F.3d 512 (5th Cir. 2008)
a creditor who knows of a bankruptcy and keeps pursuing collection willfully violates the automatic stay and may owe the debtor damages and attorney's fees
Related rights
After a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightProtect equity in your home with a bankruptcy exemption
11 U.S.C. § 522(b)(1)–(3)
In bankruptcy, you can keep ("exempt") certain property from creditors. For your home, the federal exemption protects equity up to a set dollar amount, but many states make you use the state's own list instead. Some state homestead exemptions are much larger than the federal one; some are smaller.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this rightMake the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Read this right