Section 09.38.050. Increased exemption amount.

   (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 AS 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.
   (b) The exemption amounts under AS 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 AS 09.38.030(b), a maximum amount of $2,200 available in a month is exempt.

Authorities

9.38.030

Notes

References

8 AAC 95.030
AS 9.38.030 .030">Sec. 09.38.030. Exemption of earnings and liquid assets.

History

(Sec. 2 ch 62 SLA 1982; am Sec. 9 ch 135 SLA 1988)