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California Bankruptcy Exemptions

There are two bankruptcy exemptions systems in California. Only one of them must be chosen.

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
  • Real or personal property used as residence to $17,425;
  • unused portion of homestead may be applied to any property
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
  • 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
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)
  • 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
Misc.
  • Business or professional licenses
  • Inmates' trust fund to $1000
  • Property of business partnership
  • Alimony, child support needed for support
Pensions
  • County employees
  • County firefighters
  • County peace officers
  • Private retirement benefits, including IRAs and Keoghs
  • Public employees
  • Public retirement benefits
  • ERISA-qualified benefits needed for support
Public Benefits
  • Aid to blind, aged, disabled, AFDC
  • Financial aid to students
  • Relocation benefits
  • Unemployment benefits
  • Union benefits due to labor dispute
  • Workers' compensation
  • Crime victim's compensation
  • Public Assistance
  • Social Security
  • Unemployment compensation
  • Veterans' benefits
Tools of Trade
  • Up to $5,000 total (doubled if used by both spouses in same occupation)
  • Up to $1,750 total
Wages
  • Minimum 75% of wages
  • Public employees vacation credits; if receiving installments, at least 75%
  • None
Wild Card
  • None
  • $925 of any property
  • Plus unused portion of homestead or burial exemption, of any property

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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