Idaho Code
Idaho Code

Idaho Code § 11-604 (2026)

Property exempt to extent reasonably necessary for support. 

✓ current as of May 2026
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Property exempt to extent reasonably necessary for support. 

(1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents:

(a)  benefits paid or payable by reason of disability or illness;
(b)  money or personal property received, and rights to receive money or personal property for alimony, support, or separate maintenance;
(c)  proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual or of the wrongful death or bodily injury of another individual of whom the individual was or is a dependent; and
(d)  proceeds or benefits paid or payable on the death of an insured, if the individual was the spouse or a dependent of the insured.
(2)  The phrase "property to the extent reasonably necessary for the support of him and his dependents" means property required to meet the present and anticipated needs of the individual and his dependents, as determined by the court after consideration of the individual’s responsibilities and all the present and anticipated property and income of the individual, including that which is exempt.
Notes of Decisions
Cited in 13 cases, 1989–2018 · leading case: In Re Wiley, 352 B.R. 716 (Bankr. D. Idaho 2006).
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In Re Wiley, 352 B.R. 716 (Bankr. D. Idaho 2006). · cites it 13× “00 was a “settlement,” and the only “settlements” subject to exemption are those for bodily injury under Idaho Code § 11-604 (1)(c). Id. II. DISCUSSION AND DISPOSITION The Court is disheartened by the shaky factual record both sides have presented.”
Univ. of Utah Hosp. Ex Rel. Scarberry v. Bd. of Cnty. Commissioners, 776 P.2d 443 (Idaho 1989). · cites it 8× “Further, it is only with the benefit of hindsight that it can be said that at the time Scarberry was hospitalized his tort claim would be settled for the $100,000 insurance proceeds, and that those insurance proceeds would be placed in a trust and held to be exempt by the…”
In re Bolton, 584 B.R. 44 (Bankr. D. Idaho 2018). · cites it 4× “Debtors also amended their schedule C to claim 100% of the value of the claim exempt under Idaho Code § 11-604 (1)(c). Dkt. No. 120 at 5.”
Desfosses v. Desfosses, 813 P.2d 366 (Idaho Ct. App. 1991). · cites it 4× “The district judge also affirmed the OPM order for direct payment of benefits to Annie.”
In re Mathews, 565 B.R. 662 (Bankr. D. Idaho 2017). · cites it 6× “Idaho Code § 11-604 provides: (1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents: [[Image here]] (b) money or personal property received, and rights to receive money or personal…”
Hooper v. State, 908 P.2d 1252 (Idaho Ct. App. 1995). · cites it 2× “Second, the state alleged that the monies levied upon were not attached or garnished from an employer but were part of an account containing commingled funds, rendering the account not subject to exemption under Idaho Code § 11-604 (3). After conducting a hearing on the claim of…”
In Re Bourguignon, 416 B.R. 745 (Bankr. D. Idaho 2009). · cites it 2× “Idaho 2004) (noting that Idaho Code § 11-604 (A) “expressly includes within its scope the college savings program established by Chapter [54], Title 33 of the Idaho Code” and thus determining the debtors’ claim of exemption in their IDEAL account was proper); but see In re…”
In re Hess, 350 B.R. 882 (Bankr. D. Idaho 2005). · cites it 4× “Idaho Code § 11-604 (l)(e) grants debtors an exemption in “proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual” to the extent that the money is “reasonably necessary” for the support of a debtor and his…”
In Re Biancavilla, 173 B.R. 930 (Bankr. D. Idaho 1994). · cites it 2× “LIFE INSURANCE POLICIES The debtors concede they are not entitled to exempt the cash value of the life *934 insurance policies under Idaho Code § 11-604 (1) because the cash value is not reasonably necessary to support the debtors or their children.”
In Re Russell, 163 B.R. 584 (Bankr. D. Idaho 1994). · cites it 8× “Section 11-604 provides, in its pertinent part: (1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents: * * * * * * (b) money or personal property received, and rights to receive money or…”
In Re Stephenson, 415 B.R. 436 (Bankr. D. Idaho 2009). · cites it 2× “Debtor also amended his schedule C to assert the Claim as exempt under Idaho Code § 11-604 . Trustee’s objection to that exemption was sustained and the exemption was disallowed.”
In re Carlson, 192 B.R. 755 (Bankr. D. Idaho 1996). · cites it 6× “The Trustee further alleges that if the funds are exempt under the provisions of Idaho Code § 11-604 (l)(e), the funds are still not necessary for the support of the Debtor and his dependents as that phrase is defined by the provisions of Idaho Code § 11-604 (2).”
Show all 13 citing cases →
— Idaho Code § 11-604(1) — 1 case
Univ. of Utah Hosp. Ex Rel. Scarberry v. Bd. of Cnty. Commissioners, 776 P.2d 443 (Idaho 1989). “Further, it is only with the benefit of hindsight that it can be said that at the time Scarberry was hospitalized his tort claim would be settled for the $100,000 insurance proceeds, and that those insurance proceeds would be placed in a trust and held to be exempt by the…”
— Idaho Code § 11-604(1)(c) — 1 case
Univ. of Utah Hosp. Ex Rel. Scarberry v. Bd. of Cnty. Commissioners, 776 P.2d 443 (Idaho 1989). “Further, it is only with the benefit of hindsight that it can be said that at the time Scarberry was hospitalized his tort claim would be settled for the $100,000 insurance proceeds, and that those insurance proceeds would be placed in a trust and held to be exempt by the…”
— Idaho Code § 11-604(2) — 1 case
In Re Russell, 163 B.R. 584 (Bankr. D. Idaho 1994). “Section 11-604 provides, in its pertinent part: (1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents: * * * * * * (b) money or personal property received, and rights to receive money or…”
— Idaho Code § 11-604(l)(c) — 1 case
Univ. of Utah Hosp. v. Bd. of Cnty. Commissioners, 824 P.2d 915 (Idaho Ct. App. 1992).
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