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ASSET |
BANKRUPTCY CODE EXEMPTIONS UNDER |
EXEMPTIONS UNDER |
EXEMPTIONS UNDER CCP §703.140 |
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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) 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. |
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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 |
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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 |
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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 Veterans' benefits
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County employees County firefighters County peace officers Private retirement benefits, including IRAs & Keoghs Public employees Public retirement benefits |
ERISA-qualified benefits needed for support |
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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
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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. |
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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 |
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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 |
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Wages |
None |
Public employees vacation credits; if receiving installments, at least 75% 75% of wages paid within 30 days of filing for bankruptcy |
None |
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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. |