California Bankruptcy Exemptions System 1
Homestead
704.730 - Real or personal property occupied at time of filing for bankruptcy, including mobile home, boat, stock cooperative, community apartment, planned development or condominium, up to the following limits: $50,000 if single and not disabled; $75,000 if family and no other member has homestead; $150,000 if 65 or older or if physically or mentally disabled; $150,000 if creditors are seeking to force sale of your home and you are either (a) 55 or older, single and earn under $15,000 per year, or (b) 55 or older, married and earn under $20,000 per year. Sale proceeds are exempt for up to 6 months after sale.
704.920 - Homestead declaration may be filed to protect the proceeds of a voluntary sale up to 6 months or to protect the exemption amount from a judicial lien.
Personal Property
704.010 - Motor vehicle or insurance if vehicle lost, destroyed or damaged up to $2,550.
704.020 - Food, clothing, appliances and furnishings.
704.030 - Building materials to repair or improve home up to $2,700.
704.040 - Jewelry, heirlooms and art up to $6,750 total.
704.050 - Health aids.
704.080 - Bank deposits from Social Security Administration up to $2,700 for single payee ($4,050 for husband and wife payees); Bank deposits from other public benefits up to $1,350 ($2,025 for husband and wife).
704.140 & 704.150 - Personal injury causes of action and wrongful death causes of action. Wrongful death and personal injury recoveries that are needed for support.
704.200 - Burial plot.
Fin. 17410 - Funds held in escrow.
Wages
704.070 - 75% of wages paid within 30 days prior to filing bankruptcy.
704.113 - Public employee vacation credits (75% minimum if receiving installment payments).
Pensions
11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional and Roth IRAs up to $1,095,000 per person.
704.110 - Public retirement benefits.
704.115 - Private retirements benefits, including IRA and Keogh.
Government 21255 - Public employees.
Government 31452 - County employees.
Government 31913 - County peace officers.
Government 32210 - County fire fighters.
Public Benefits
704.120 - Unemployment benefits and union benefits due to labor dispute.
704.160 - Workers' compensation.
704.170 - Aid to blind, aged and disabled or other public assistance.
704.180 - Relocation benefits.
704.190 - Financial aid to students.
Tools of Trade
704.060 - Tools, implements, materials, books, uniforms, instruments, one commercial vehicle, equipment, and furnishings up to $6,750, or up to $13,475 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.
Insurance
704.100 - Matured life insurance benefits needed for support of unlimited value, or unmatured life insurance policy up to $10,775 in value.
704.120 - Fraternal unemployment benefits.
704.130 - Disability or health benefits.
704.170 - Fraternal benefit society benefits.
704.720 - Homeowners' insurance proceeds for 6 months after received, up to amount of homestead.
Labor 404 - Fidelity bonds.
Ins. 10132, Ins. 10170, Ins. 10171 - Life insurance proceeds if policy prohibits use to pay creditors.
Misc.
695.060 - Business or professional licenses.
704.090 - Trust funds of inmates up to $1,350.
Corp. 16501 - Business partnership property.
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California Bankruptcy Exemptions System 2 – (No Doubling)
Homestead
703.140(b)(1) Real or personal property, including co-op, used as a residence up to $20,725.
Personal Property
703.140(b)(1) - Burial plot up to $20,725, instead of homestead.
703.140(b)(2) - Motor vehicle up to $3,300.
703.140(b)(3) - Clothing, household goods, appliances, furnishings, animals, books, musical instruments and crops up to $525 per item.
703.140(b)(4) - Jewelry up to $1,350.
703.140(b)(5) - $15,000 of any property, less any claim for homestead or burial plot.
703.140(b)(5) - $1,100 of any property. The unused portion of the burial or household exemption for any property.
703.140(b)(9) - Health aids.
703.140(b)(11) - Wrongful death recoveries needed for support.
703.140(b) (11) - Personal injury recoveries up to $20,725, not to include pain, suffering or pecuniary loss.
Pensions
11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional and Roth IRAs up to $1,095,000 per person.
703.140(b)(10) - ERISA-qualified benefits needed for support.
Public Benefits
703.140(b)(10) - Unemployment compensation, Social Security, Veterans' benefits, and public assistance.
703.140 (b) (11) - Crime victims' compensation.
Tools of Trade
703.140(b)(6) - Tools, books and implements of trade up to $2,075.
Alimony Child Support
703.140(b)(10) - Alimony and child support needed for support.
Insurance
703.140(b)(7) - Unmatured life insurance policy, other than credit.
703.140(b)(8) - Unmatured life insurance contract accrued interest, dividends, loan, cash or surrender value up to $11,075.
703.140(b)(10) - Disability benefits.
703.140(b)(11) - Life insurance proceeds needed for support.
Misc.
703.140(b)(5) - $1,100 of any property. Any unused amount of burial or homestead exemption of any property.
Other - Add any applicable Federal Nonbankruptcy Exemptions
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Federal Nonbankruptcy Exemptions
You may only use these exemptions if you choose the exemptions listed under your state. You may not use these if you choose to use the Federal Bankruptcy Exemptions.
Retirement Benefits
5 USC. §8346 - Civil Service employees
22 USC. §4060 - Foreign service employees
10 USC. §1440 - Military service employees
45 USC.§.231m - Railroad workers
42 USC. §407 - Social Security benefits
38 USC.§3101 - Veteran's benefits
Survivor's Benefits
10 USC. §1450 - Military service.
28 USC. §376 - Judges, U.S. court directors, judicial center directors, and U.S. Supreme Court Chief Justice's administrative assistants.
33 USC. §775 - Lighthouse workers
Death and Disability Benefits
5 USC. §8130 - U.S. Government employees
33 USC. §916 - Longshoremen, harbor workers
42 USC. §1717 - Military service
Misc.
10 USC. §1035 - Military deposits to savings accounts (while on permanent duty outside the U.S.).
15 USC. §1673 - 75% of earned but unpaid wages or 30 times the federal minimum hourly wage; the greater of these two. (Judge may approve more)
25 USC. §410 - Indian lands or homestead sales or lease proceeds.
25 USC. §543 & 545 - Klamath Indians tribe benefits
38 USC. §1970(g) - Military group life insurance
45 USC. §352(e) - Railroad workers' unemployment
46 USC. §11110 - Seamen's clothing
46 USC. §11109 - Seamen's wages (while on a voyage and pursuant to a written contract)
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