(a) This section applies to a security interest, except a purchase-money security interest, or a security interest in a motor vehicle, in an item of goods (1) possessed by an individual, (2) being used by that individual or a dependent, and (3) exempt under AS 09.38.020(a) - (d).
(b) Unless the individual, after receiving written notice of the individual's rights under this section, voluntarily surrenders to the secured creditor possession of an item of goods to which this section applies, the creditor may not take possession of the item or otherwise enforce the security interest according to its terms without an order or process of court.
(c) The court may order or authorize process respecting any item of goods to which this section applies only after a hearing, upon notice to the individual of the hearing and of the individual's rights at it. The notice shall be as directed by the court. The order or authorization may prescribe appropriate conditions as to payments upon the debt secured or otherwise. The court may not order or authorize process respecting the item if it finds upon the hearing both that the individual lacks the means to pay all or part of the debt secured and that continued possession or use of the item is necessary to avoid undue hardship for the individual or a dependent.
(d) The court, upon application of the creditor or the individual and notice to the other and after a hearing and finding of changed circumstances, may vacate or modify an order or authorization under this section.
Structure Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 38. Alaska Exemptions Act
Sec. 09.38.010. Homestead exemption.
Sec. 09.38.015. Property exempt without limitation.
Sec. 09.38.017. Exemption of retirement plan interests and payments.
Sec. 09.38.020. Exemptions of personal property subject to value limitations.
Sec. 09.38.025. Exemption of unmatured life insurance and annuity contracts.
Sec. 09.38.030. Exemption of earnings and liquid assets.
Sec. 09.38.035. Continuing lien on wages.
Sec. 09.38.040. Priorities between continuing liens.
Sec. 09.38.045. Effective date of continuing lien.
Sec. 09.38.050. Increased exemption amount.
Sec. 09.38.055. Bankruptcy proceedings.
Sec. 09.38.060. Tracing exempt property.
Sec. 09.38.065. Claims enforceable against exempt property.
Sec. 09.38.070. Limitation on enforcement of certain security interests in exempt goods.
Sec. 09.38.075. Special procedures relating to limited value exemptions; burden of proof.
Sec. 09.38.080. Procedures applicable to a levy on property of an individual.
Sec. 09.38.085. Contents of notice; forms.
Sec. 09.38.090. Assertion of rights by another.
Sec. 09.38.095. Judicial relief.
Sec. 09.38.100. Debtor's property owned with another.
Sec. 09.38.105. Waiver of exemption.
Sec. 09.38.110. Federal requirements.
Sec. 09.38.115. Adjustment of dollar amounts.
Sec. 09.38.120. Protection of property of residents and nonresidents.