Will we lose our pre-paid family burial plots when we file for bankruptcy?

No, they’re yours to keep.

There are various items you own which are exempt (protected) under bankruptcy law.  Utah law provides various exemptions, most of which are found in Utah Code 78B-5-505. “Property exempt from execution.”

The specific code section here states that:  “(1) (a) An individual is entitled to exemption of the following property:  (i) a burial plot for the individual and the individual’s family….”


This means that your pre-paid burial plot is protected when you file bankruptcy.  It doesn’t matter whether you file a chapter 7 or a chapter 13 bankruptcy.  In a chapter 7 bankruptcy, the trustee cannot take that asset and sell it for your creditors.  In a chapter 13 bankruptcy, the trustee cannot demand that you pay the value of that asset to your creditors.

It is safe.

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