Idaho Code
Idaho Code § 55-1008 (2026)
Homestead exempt from execution — When presumed valid.
✓ current as of May 2026
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Homestead exempt from execution — When presumed valid.
(1) Except as provided in section 55-1005, Idaho Code, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in section 55-1003, Idaho Code. The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in section 55-1003, Idaho Code, shall likewise be exempt for one (1) year from receipt, and also such new homestead acquired with such proceeds.
(2) Every homestead created under this chapter is presumed to be valid to the extent of all the property claimed exempt, until the validity thereof is contested in a court of general jurisdiction in the county in which the homestead is situated.
Notes of Decisions
Cited in 15
cases (4 in the last 5 years), 1989–2023 · leading case: Hopkins v. Cerchione (In Re Cerchione), 414 B.R. 540 (9th Cir. BAP 2009).
Hopkins v. Cerchione (In Re Cerchione), 414 B.R. 540 (9th Cir. BAP 2009). “Idaho Code § 55-1008 provides in relevant part: The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead .”
In Re Cerchione, 398 B.R. 699 (Bankr. D. Idaho 2009). “However, thereafter, Debtors’ filed an Amended Schedule C, now claiming their homestead exemption under Idaho Code § 55-1008 , and also claiming that the homestead exemption protected several kitchen appliances.”
In Re Marriott, 427 B.R. 887 (Bankr. D. Idaho 2010). “At the hearing, Debtor’s counsel acknowledged that an exemption under Idaho Code § 55-1008 was likely a better fit than a claim under Idaho Code § 11 — 604(l)(b), and asked the Court to consider such an exemption claim.”
In Re Tiffany, 106 B.R. 213 (Bankr. D. Idaho 1989). “The provisions of I.C. § 55-1008(2), which afford a presumption of validity to the entire property claimed in the ' declaration until a state court of general jurisdiction declares otherwise, must also be considered.”
In Re Peters, 168 B.R. 710 (Bankr. D. Idaho 1994). “Idaho Code § 55-1008 . As used in the statutes, the term “ ‘[h]omestead’ means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside-” Idaho Code § 55-1001 (2).”
Lares v. West One Bank, 188 F.3d 1166 (9th Cir. 1999). “Lares later filed a petition in bankruptcy and claimed that the $26,000 was exempt under Idaho Code § 55-1008 , which provides, in pertinent part: 55-1008.”
In Re Kudrna, 173 B.R. 934 (Bankr. D. Idaho 1994). “Because of this, they argue that the three elements discussed above would be met.”
In Re Younger, 373 B.R. 111 (Bankr. D. Idaho 2007). “As a result, the Court concludes the proceeds from the voluntary sale of the homestead on deposit in Debtor’s savings account were, as of the date of the bankruptcy filing, exempt pursuant to Idaho Code § 55-1008 .”
McCallister v. Wells (D. Idaho 2020). “See Idaho Code § 55-1008 . In January 2020, the bankruptcy court overruled the trustee’s objection and entered an order permitting the sale and the payment of proceeds directly to Box Canyon.”
In Re Antonie, 447 B.R. 610 (Bankr. D. Idaho 2011). “” See I.C. §§ 55-1008(1) & 55-1103. Idaho Code § 55-1001 (2) defines homestead as: .”
Haleigh Zent (Bankr. D. Idaho 2022). “Under Idaho law, a debtor may exempt the proceeds of a voluntary sale of a homestead under Idaho Code § 55-1008 , which provides: The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering…”
Dustin Jade Wells (Bankr. D. Idaho 2023). “See Idaho Code § 55-1008 . This Court overruled Trustee’s objection and entered an order permitting the sale and the payment of proceeds directly to Box Canyon.”
— Idaho Code § 55-1008(1) — 1 case
In Re Antonie, 447 B.R. 610 (Bankr. D. Idaho 2011). “” See I.C. §§ 55-1008(1) & 55-1103. Idaho Code § 55-1001 (2) defines homestead as: .”
— Idaho Code § 55-1008(2) — 1 case
In Re Tiffany, 106 B.R. 213 (Bankr. D. Idaho 1989). “The provisions of I.C. § 55-1008(2), which afford a presumption of validity to the entire property claimed in the ' declaration until a state court of general jurisdiction declares otherwise, must also be considered.”
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