Courthouse

California Bankruptcy Exemptions

California does not allow you to use the federal bankruptcy exemptions. Instead, you must use either California’s state bankruptcy exemptions or the federal non-bankruptcy exemptions. You pick the one that allows you to keep the most.

Asset

CA Exemptions Under
CCP §704
California Option 1

CA Exemptions Under CCP §703.140
California Option 2

Bankruptcy Code Exemptions Under
11 USC §522(d)

Homestead

(This is subject to CA residency requirement)

Real or personal property you live in including a mobile home, boat, stock cooperative, community apartment, planned development or condo up to $50,000 for single and not disabled; $75,000 for families if no other family member has a homestead; $150,000 for 65 or older, or physically or mentally disabled; $150,000 for 55 or older, single & earn under $15,000 or married & earn under $20,000 & creditors seek to force the sale of your home; sale proceeds are exempt for 6 months after they are received. See §704.710-704.850

May file homestead declaration

(This is subject to CA residency requirement)

Real or personal property, including a cooperative, that you or a family member use as a residence up to $20,725; any unused portion of this homestead exemption may be applied to any other exempt property.

Your combined interest, not exceeding $20,200 in value, in real property or personal property that you or one of your dependants use as a residence; in a cooperative that owns property that you or one of your dependants use as a residence; or in a burial plot for you or one of your dependants.

Personal Property

Needed appliances, furnishings, clothing and food

Social Security Administration bank deposits to $2,700; $4,050 for married couple.

Building materials to $2700 that in good faith are for repairing or improving your home

Burial plot

Health aids

Jewelry, heirlooms & art to $6,750

Motor vehicle to $2550, or $2550 in auto insurance if vehicle iss lost, damaged or destroyed .

Personal injury causes of action

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

Wrongful death causes of action

Wrongful death recoveries needed for support; if receiving installments, at least 75%

Animals, crops, appliances, furnishings, household goods, books, musical instruments & clothing to $525 per item

Burial plot to $20,725, in lieu of homestead

Health aids

Jewelry to $1,350

One Motor vehicle to $3,300

Personal injury recovery to $20,725 (not to include pain and suffering or pecuniary loss)

Wrongful death recoveries needed for support

Payment for Loss of future earnings.

Household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, not to exceed $575 value in any particular item or $10,775 in combined value.

Professionally prescribed health aids.

Jewelry to $1,350.

One Motor vehicle to $3,225

Personal injury recovery on account of personal bodily injury up to $18,450 (not including pain and suffering or compensation for actual pecuniary loss)

Payment for loss of future earnings.

Wrongful death recovery needed for support

Pensions

County employees

County firefighters

County peace officers

Private retirement benefits, including IRAs & Keoghs

Public employees

Public retirement benefits

ERISA-qualified benefits needed for support

Stock bonus, pension, profit-sharing, annuity, or similar plan payment on account of illness, disability, death, age, or length of service to the extent reasonably necessary. (See exceptions listed under 11 USC §522(d)10(E)(i))

Veterans’ benefits

Wages

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

75% of wages paid within 30 days of filing for bankruptcy

None

None

Insurance

Disability or health benefits

Fidelity bonds

Fraternal unemployment benefits

Homeowners’ 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 $10,775 (husband and wife may double)

Disability benefits

Life insurance proceeds needed for support of family

Unmatured life insurance contract accrued avails to $11,075.

Unmatured life insurance policy other than credit

Unmatured life insurance contract other than credit life insurance

Accrued dividend or interest under, or loan value of, unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent, not to exceed $10,775 less any amount of property of the estate transferred in the manner specified in Section 542(d),

Life insurance payment under contract that insured the life of an individual of whom the debtor was a dependent on date of death, to the extent reasonably necessary.

Tools of the trade

Tools, implements, materials, instruments, uniforms, books, furnishings, equipment, vessel, one commercial motor vehicle (max. $4,850 or $9,700 with joint occupation) up to $6,760 individually or $13,475 if used by both spouses in same occupation (cannot claim motor vehicle under tools of trade exemption if claimed under motor vehicle exemption)

Implements, books and tools of trade to $2,075

Professional books, or tools, of the trade of the debtor to $2,025

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 victims’ compensation

Public assistance

Social security

Unemployment compensation

Veterans’ benefits

Award under a crime victim’s reparation law

Social security benefits, unemployment compensation, or a local public assistance benefits

Disability, illness, or unemployment benefits

Miscellaneous

Business or professional licenses, except liquor licenses (708.630)

Inmates’ trust funds to $1,350 (husband and wife may double)

Property of business partnership

Alimony, child support needed for support

Alimony, support, or separate maintenance, to the extent reasonably necessary

Wild Card

None

$1,100 of any personal property plus any unused portion of homestead exemption, to be partially or wholly applied to any other property.(total maximum wildcard available - $21,825)

$1,075 of any personal property plus up to $10,125 of unused amount of the exemption provided under 11 USC §522(d)(1) of this subsection.