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BANKRUPTCY CODE EXEMPTIONS UNDER
11 USC §522(d)

EXEMPTIONS UNDER
CCP §704
California - System 1
 

EXEMPTIONS UNDER CCP §703.140
California - System 2
 

Homestead
 

The debtor's aggregate interest, not to exceed $18,450 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a  residence, in a cooperative that owns property that the debtor or  a dependent of the debtor uses as a residence, or in a burial plot for the  debtor or a dependent of the debtor.

(Subject to residency requirement)
Real or  personal property you occupy including mobile home, boat, stock  cooperative, community apartment, planned development or condo to  $50,000 if single and not disabled; $75,000 for families if no other member has a homestead (if only one spouse files, may exempt  one-half of amount if home held as community property and all of  amount if home held as tenants in common; $150,000 if 65 or older, or  physically or mentally disabled; $150,000 if 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 exempt for 6 months after received (husband and wife may not double)

May file homestead declaration

Real or  personal property, including co-op, used as residence to $18,450;  unused portion of homestead may be applied to any property. See Wild Card Below.

Insurance

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 $9,850 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.

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 $9,700 (husband and wife may double)

Disability benefits

Life insurance proceeds needed for support of family

Unmatured life insurance contract accrued avails to $9,850.

Unmatured life insurance policy other than credit

Miscellaneous

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

Business or  professional licenses, except liquor licenses (708.630)

Inmates' trust funds to $1,225 (husband and wife may double)

Property of  business partnership

Alimony, child support needed for support

Pensions

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

 

County employees

County firefighters

County peace officers

Private  retirement benefits, including IRAs & Keoghs

Public employees

Public retirement benefits

ERISA-qualified  benefits needed for support

Personal Property

Household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, not to exceed $475 value in any particular item or $9,850 in aggregate value.

Professionally prescribed health aids.

Jewelry to $1,225.

One Motor vehicle to $2,950

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

 

Appliances,  furnishings, clothing and food needed

Bank deposits from Social Security Administration to $2,425; $3,650 for husband and wife.

Building materials to $2425 to repair or improve home

Burial plot

Health aids

Jewelry, heirlooms & art to $6,075

Motor vehicle  to $2300, or $2300 in auto insurance if vehicle(s), 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 $475 per item

Burial plot to $17,425, in lieu of homestead

Health aids

Jewelry to $1,225

One Motor vehicle  to $2,950

Personal injury  recovery to $18,450 (not to include pain and suffering or pecuniary loss)

Wrongful death recoveries needed for support

Payment for Loss of future earnings.

Public 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

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

Tools of Trade

Professional books, or tools, of the trade of the debtor to $1,850

Tools, implements, materials, instruments, uniforms, books,  furnishings, equipment, vessel, one commercial motor vehicle (max. $4,850 or $9,700 with joint occupation) up to $6,075 individually or  $12,150 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 $1,850

Wages

None

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

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

None

Wild Card

$975 of any personal property plus up to $9,250 of unused amount of the exemption provided under 11 USC §522(d)(1) of this subsection.

None

$975 of any  personal property plus any unused portion of homestead (total maximum wildcard available - $19,425) or burial exemption, to be partially or wholly applied to any other property.