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California Bankruptcy Exemptions
There are two bankruptcy exemptions systems in California. Only one of them must be chosen.
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System 1 |
System 2 |
| Homestead |
- $50,000 if single and not disabled;
- $75,000 for families if no other member has a homestead
- 100,000 if 55 or older, single and earn under $15,000 or married and earn under $20,000
- $125,000 if 65 or older, or physically or mentally disabled
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- Real or personal property used as residence to $17,425;
- unused portion of homestead may be applied to any property
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| Personal Property |
- Appliances, furnishings, clothing and food;
- Social Security deposits to $2000 (to $3000 for husband and wife)
- Building materials to $2000 to repair or improve home
- Burial plot
- Health aids
- Jewelry, heirlooms and art to $5000 total
- Motor vehicles to $1900, or $1900 in auto insurance if vehicle(s) lost, damaged or destroyed
- Personal injury and wrongful death causes of action
- Personal injury and wrongful death recoveries needed for support
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- Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing to $450 per item
- Burial plot to $17,425, in place of homestead
- Health aids
- Jewelry to $1,150
- Motor vehicle to $2,775
- Personal injury recoveries to $17,425
- Wrongful death recoveries needed for support
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| Insurance |
- Disability or health benefits
- Fidelity bonds
- Fraternal unemployment benefits
- Homeowner's insurance proceeds for 6 months after received, to homestead exemption amount
- Life Insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors
- Matured life insurance benefits needed for support
- Unmatured life insurance policy loan value to $8,000 (doubled for husband and wife)
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- Disability benefits
- Life insurance proceeds needed for support of family
- Unmatured life insurance contract accrued avails to $9,300
- Unmatured life insurance policy other than credit
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| Misc. |
- Business or professional licenses
- Inmates' trust fund to $1000
- Property of business partnership
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- Alimony, child support needed for support
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| Pensions |
- County employees
- County firefighters
- County peace officers
- Private retirement benefits, including IRAs and Keoghs
- Public employees
- Public retirement benefits
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- ERISA-qualified benefits needed for support
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| Public Benefits |
- Aid to blind, aged, disabled, AFDC
- Financial aid to students
- Relocation benefits
- Unemployment benefits
- Union benefits due to labor dispute
- Workers' compensation
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- Crime victim's compensation
- Public Assistance
- Social Security
- Unemployment compensation
- Veterans' benefits
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| Tools of Trade |
- Up to $5,000 total (doubled if used by both spouses in same occupation)
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| Wages |
- Minimum 75% of wages
- Public employees vacation credits; if receiving installments, at least 75%
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| Wild Card |
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- $925 of any property
- Plus unused portion of homestead or burial exemption, of any property
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It is quite clear that these two systems differ considerably, making it a tough choice. This dilemma can be best addressed by letting California bankruptcy attorney help you with California bankruptcy exemptions.
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