What happens to my year’s supply of food and necessities when I file bankruptcy in Utah?

Nothing, it’s safe.

The Utah Code specifically protects your year’s supply. In Title 78B 5-505, it states that there is a full exemption (protection from creditors) for “provisions sufficient for 12 months actually provided for individual or family use….”

This means that when you file bankruptcy, whether a chapter 7 or chapter 13 case, your bankruptcy trustee here in Utah cannot liquidate (or sell) your year’s supply of “provisions.”  I have not found a good definition of “provisions,” but it’s a fair guess to limit it to a stock of necessary supplies including food and water.  Guns are not included as “provisions,” and neither is camping equipment nor other survival gear.  But as for the food and water stored for personal use, yes, those are protected.

This is why we advise clients to stock up on their year’s supply before going bankrupt.  No one is going to take your cans of Spaghettios or baby formula that you’ve stored up in your basement.  No creditor can take them, and neither will the bankruptcy trustee.

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