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 |
CA Exemptions Under CCP §703.140 |
Bankruptcy Code Exemptions Under |
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. |
