Alaska Statutes 09.38.105 – Waiver of exemption
Current as of: 2023 | Check for updates
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Terms Used In Alaska Statutes 09.38.105
- creditor: includes the state on behalf of a victim of a crime or a delinquent act. See Alaska Statutes 09.38.500
- exempt: means protected, and "exemption" means protection, from subjection to process or a proceeding to collect an unsecured debt. See Alaska Statutes 09.38.500
- levy: means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt. See Alaska Statutes 09.38.500
- property: includes real and personal property. See Alaska Statutes 01.10.060
- security interest: means an interest in property created by contract to secure payment or performance of an obligation. See Alaska Statutes 09.38.500
A waiver of exemption executed in favor of an unsecured creditor before levy on an individual’s property is unenforceable, but a valid security interest may be given in exempt property.