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California bankruptcy exemptions   CA Bankruptcy Exemptions

FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE.
CALIFORNIA HAS TWO SYSTEMS; YOU MUST SELECT ONE OR THE OTHER.
All law references are to California Bankruptcy Code.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development or condo to $75,000 if single and not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common), $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single and earn under $25,000 or married and earn under $35,000 and creditors seek to force the sale of your home; sale proceeds exempt for 6 months after received (husband and wife may not double).

704.710,

704.720,

704.730

In re McFall, 112 B.R. 336

(9th Cir. B.A.P., 1990)

PERSONAL PROPERTY

 

 

 

 

 

 

 

 

 

Appliances, furnishings, clothing and food needed

704.020

Bank deposits from Social Security Administration to $3,050

$4,575 for husband and wife (unlimited if funds are not commingled)

704.080

Building materials to $3,050 to repair or improve home (husband and wife may not double)

704.030

Burial plot

704.200

Health aids

704.050

Jewelry, heirlooms and art to $8,000 total (husband and wife may not double)

704.040

Motor vehicles to $3,050, or $3,050 in auto insurance if vehicle(s), lost, damaged or destroyed (husband and wife may not double)

704.010

Personal injury and wrongful death causes of action

704.140 (a),

704.150 (a)

Personal injury and wrongful death recoveries needed for support; if receiving installments, at least 75%

704.140(b), (c), (d),

704.150 (b), (c)

May file homestead declaration

704.920

INSURANCE

 

 

 

 

 

 

Disability or health benefits

704.130

Fidelity bonds

Labor 404

Fraternal unemployment benefits

704.120

Homeowner’s insurance proceeds for 6 months after received, to homestead exemption amount

704.720 (b)

Life Insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

Ins. 10132, Ins. 10170,

Ins. 10171

Matured life insurance benefits needed for support of unlimited value

704.100 (c)

Unmatured life insurance policy loan value to $12,200 (husband and wife may double to 21,550

704.100 (b)

MISCELLANEOUS

 

 

Business or professional licenses

695.060

Inmates trust fund to $1,525 (husband and wife may not double)

704.090

Property of business partnership

Corp. 15025

PENSIONS

 

 

 

 

 

County employees

Gov’t 31452

County firefighters

Gov’t 32210

County peace officers

Gov’t 31913

Private retirement benefits, including IRAs and Keoghs

704.115

Public employees

Gov’t 21201

Public retirement benefits

704.110

PUBLIC BENEFITS

 

 

 

 

 

Aid to blind, aged, disabled, AFDC

704.170

Financial aid to students

704.190

Relocation benefits

704.180

Unemployment benefits

704.120

Union benefits due to labor dispute

704.120(b)(5)

Workers’ compensation

704.160

TOOLS OF TRADE

Tools, implements, materials, books, uniforms, instruments, one commercial vehicle, equipment, and furnishings up to $7,625 total, or up to $15,250 if used by both spouses in the same occupation. Commercial vehicle up to $4,850, or $9,700 if used by both spouses in the same occupation (cannot claim motor vehicle under tools of trade exemption if claimed under motor vehicle exemption)

704.060

WAGES

 

75% of wages within 30 days to filing bankruptcy

704.070

Public employees vacation credits; if receiving installments, at least 75%

704.113

SYSTEM 2
NOTE: Married couples may NOT double any exemptions (se In re Talmadge, 822 F.2d 1120 (9th Cir. 1987);
In re Baldwin, 70 B.R. 612 (9th Cir. B.A.P. 1987)

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Real or personal property, including co-op, used as residence to $26,800; unused portion of homestead may be applied to any property

703.140 (b)(1)

PERSONAL PROPERTY

 

 

 

 

 

 

Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing to $650 per item

703.140 (b) (3)

Burial plot to $25,575 in lieu of homestead

703.140 (b) (1)

Health aids

703.140 (b) (9)

Jewelry to $1,600

703.140 (b) (4)

Motor vehicle to $5,350

703.140 (b)( (2)

Personal injury recoveries to $25,575 (not to include pain and suffering; pecuniary loss)

703.140 (b) (11) (D, E)

Wrongful death recoveries needed for support

703.140 (b) (11) (B)

INSURANCE

 

 

 

Disability benefits

703.140 (b) (10)() (C)

Life insurance proceeds needed for support of family

703.140 (b) (11) (C)

Unmatured life insurance contract accrued avails to $13,675

703.140 (b) (8)

Unmatured life insurance policy other than credit

703.140 (b) (7)

MISCELLANEOUS

Alimony, child support needed for support

703.140 (b) (10) (D)

PENSIONS

ERISA-qualified benefits needed for support

703.140 (b) (10) (E)

PUBLIC BENEFITS

 

 

 

 

Crime victim’s compensation

703.140 (b) (11) (A)

Public Assistance

703.140 (b) (10) (A)

Social Security

703.1400 (b) (10) (A)

Unemployment compensation

703.140 (b) (10) (A)

Veterans’ benefits

703.140 (b) (10) (B)

TOOLS OF TRADE

Implements, books, and tools of trade up to $7,625

703.140 (b) (6)

WAGES

NONE

 

WILD CARD

 

$1,425 of any property

703.140 (b) (5)

Unused portion of homestead or burial exemption, of any property to $28,225 total

703.140 (b) (5)



California bankruptcy courts  California Bankruptcy Courts
See the list below for California Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
Central District
Los Angeles Division
Edward R. Roybal
Federal Building and Courthouse
255 East Temple Street
Los Angeles, CA 90012
Telephone: (213)-894-3118

U.S. Bankruptcy Court
Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012

Northern Division
1415 State Street
Santa Barbara, CA 93101
(805) 884-4800

Santa Ana Division
411 West Fourth Street
Santa Ana, CA 92701-4593
Telephone: (714) 338-5300

San Fernando Valley
21041 Burbank Boulevard
Woodland Hills, CA 91367
(818) 587-2900

Riverside Division
3420 Twelfth Street
Riverside, CA 92501
( 909) 774-1000

Contact clerks office
Eastern District
Bakersfield Division
1300 18th Street, Suite A
Bakersfield, California
No clerk on duty. If mailing in
send to Fresno Office.


Sacramento Division
501 I Street, Suite 3-200
Sacramento, California 95814
(916) 930-4400

Fresno Division
1130 "O" Street, Rm. 2656
Fresno, CA 93721
Telephone: (209)498-7217

Modesto Division
P.O. Box 5276 (95352)
1130 12th Street, STE C
Modesto, CA 95354
Telephone: (209) 521-5160

Contact clerks office
 
Northern District
San Francisco Division
P.O. Box 7341 (94120-7341)
235 Pine Street, 19th Floor
San Francisco, CA 94104
Telephone: (415) 268-2300

San Jose Division
280 S. First Street, Rm. 3035
San Jose, CA 95113-3099
Telephone: (408) 535-5118

Santa Rosa Division
99 South E Street
Santa Rosa, CA 95404
Telephone: (707) 525-8520

Oakland Division
P.O. Box 2070
1300 Clay Street, Rm. 300
Oakland, CA 94604
Telephone: (510) 2879-3600

Contact clerks office

Southern District
US Bankruptcy Court
325 West F Street
San Diego, CA 92101
Telephone: (619) 557-5620

Contact clerks office

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