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
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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