California bankruptcy exemptions
- CCP 704.225: Deposit accounts (effective January 1, 2020),to the extent necessary for the support of the judgment debtor, as well as the judgment debtor's spouse and dependents.
- CCP 704.220: Deposit accounts (effective September 1, 2020), minimum exemption of $1,788. (CCP 704.220.) A debtor can protect an amount equal to or less than the minimum basic standard of adequate care for a family of four or $1,788 under current standards.A minimum balance of $1,788 must remain in an account when a judgment creditor seizes funds using a bank levy. The exemption covers one account.
- CCP 704.230: FEMA benefits (effective January 1, 2020),all funds received from FEMA.
- CCP 704.730: homestead exemption. In System 1 (also known as 704 exemptions), you can exempt real or personal property you reside in at the time of filing for bankruptcy, including a mobile home, boat, stock cooperative, community apartment, planned development, or condominium, up to: $75,000 if single and not disabled; $100,000 if the filer and at least one family member have an interest in the homestead; $175,000 if 65 or older or if physically or mentally disabled; $175,000 if creditors are seeking to force the sale of your home and you are either (a) 55 or older, single and earn under $25,000 per year, or (b) 55 or older, married and make under $35,000 per year
- CCP 704.010: California 704 Motor Vehicle Exemption. The motor vehicle exemption protects equity in your car, truck, motorcycle, or another vehicle. The System 1 vehicle exemption is $3,325
- CCP 704.020: Household items and personal effects
- CCP 704.030: Residential building materials to repair or improve home up to $3,500
- CCP 704.040: Jewelry, heirlooms, and works of art up to $8,725
- CCP 704.040: Jewelry, heirlooms, and works of art up to $8,725
- CCP 704.040: Jewelry, heirlooms, and works of art up to $8,725
- CCP 704.050: Professionally prescribed health aids
- CCP 704.080: Bank deposits arising out of Social Security payments up to $3,500 for a single payee ($5,250 for husband and wife payees) and unlimited if funds are not commingled; bank deposits from other public benefit payments up to $1,750 ($2,600 for husband and wife as joint payees)
- CCP 704.140: Personal injury causes of action and recoveries necessary for support
- CCP 704.150: Wrongful death causes of action and recoveries necessary for support
- CCP 704.200: cemetery and burial plot
- CCP 704.133: Public employee vacation credits (at least 75% if receiving installment payments)
- CCP 704.133: Public employee vacation credits (at least 75% if receiving installment payments)
- 11 U.S.C.A. 522(b)(2)(d)(12): Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401 , 403 , 408 , 408A , 414 , 457 , or 501(a) of the Internal Revenue Code of 1986.
- 522(b)(3)(C): Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans).
- 522(b)(3)(C)(n): IRAS and Roth IRAs to $1,245,475
- CCP 704.110: Public retirement benefits
- CCP 704.115: Private retirement plans and benefits, including IRA and Keogh
- CCP 704.115: Private retirement plans and benefits, including IRA and Keogh
- Cal. Gov Code 21255: Public employees retirement benefits
- Cal. Gov Code 31452: County employees retirement benefits
- Cal. Gov Code 31913: County peace officers retirement benefits
- Cal. Gov Code 32210: County firefighters retirement benefits
- CCA 704.120: Unemployment and disability benefits, and union benefits due to labor disputes
- CCA 704.160: Workers' compensation benefits
- CCA 704.170: Public assistance benefits
- CCA 704.180: Relocation benefits
- CCA 704.190: Student financial aid
- CCA 704.060: Tools, implements, materials, books, uniforms, instruments, one commercial vehicle, equipment, and furnishings up to $8,725 total, or up to $17,450 if used by both spouses in the same occupation
- CCA 704.100: Matured life insurance benefits needed for support of unlimited value, or unmatured life insurance policy up to $13,975
- CCA 704.130: Disability or health insurance benefits
- CCA 704.720: Homeowners' insurance proceeds for six months after received, up the to amount of homestead exemption
- Cal. Labor Code 404: Fidelity bonds
- Cal. Insurance Code 10132: Life insurance proceeds if policy prohibits use to pay creditors
- Cal. Insurance Code 10170: California Insurance Code Sec. 10170 Life insurance may be made payable as follows: (a) On the death of the insured. (b) On his or her surviving a specified period. (c) Periodically as long as he or she lives. (d) Otherwise contingently on the continuance or determination of life. (e)
- CCA 695.060: Business or professional licenses
- CCA 704.090: Trust funds of inmates up to $1,600
- Cal. Corporations Code 16501: Property of business partnership
- CCA 703.140(b)(1): Real or personal property used as a residence
- CCA 703.140(b)(2): up to $5,850 of equity in motor vehicles.
- CCA 703.140(b)(1): Burial plot up to $29,275 instead of the homestead exemption - 703.140(b)(1).
- CCA 703.140(b)(3): Clothing, household goods, appliances, furnishings, animals, books, musical instruments, and crops up to $725 per item
- CCA 703.140(b)(3): Clothing, household goods, appliances, furnishings, animals, books, musical instruments, and crops up to $725 per item
- CCA 703.140(b)(3): Clothing, household goods, appliances, furnishings, animals, books, musical instruments, and crops up to $725 per item
- CCA 703.140(b)(3): Clothing, household goods, appliances, furnishings, animals, books, musical instruments, and crops up to $725 per item
- CCA 703.140(b)(3): Clothing, household goods, appliances, furnishings, animals, books, musical instruments, and crops up to $725 per item
- CCA 703.140(b)(3): Jewelry up to $1,750
- CCA 703.140(b)(3): Health aids - 703.140(b)(9)
- CCA 703.140(b)(11): Wrongful death recoveries needed for support - 703.140(b)(11)
- CCA 703.140(b)(11): Personal injury recoveries up to $29,275 - 703.140(b)(11)
- CCA 703.140(b)(11): Wrongful death recoveries needed for support - 703.140(b)(11)
- CCA 703.140(b)(11): Personal injury recoveries up to $29,275 - 703.140(b)(11)
- CCA 703.140(b)(10): Unemployment compensation, Social Security, Veterans' benefits, and public assistance - 703.140(b)(10)
- CCA 703.140(b)(10): Crime victims' reparation benefits
- CCA 703.140(b)(10): A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor
- CCA 703.140(b)(6): Tools, books, and implements of trade up to $8,725
- CCA 703.140(b)(10): Alimony and child support necessary for support - 703.140(b)(10)
- CCA 703.140(b)(7): Unmatured life insurance policy, other than credit - 703.140(b)(7)
- CCA 703.140(b)(8): Unmatured life insurance accrued interest, dividends, loan, cash, or surrender value up to $15,650
- CCA 703.140(b)(10): Disability benefits - 703.140(b)(10)
- CCA 703.140(b)(11)(E): Loss of future earnings payments needed for support
- CCA 703.140(b)(5): $1,550 plus any unused amount of burial or homestead exemption in any property (currently $30,825 in total if the filer doesn't use the homestead exemption)
- 11 U.S.C.A. 522(b)(2)(d)(12): Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401 , 403 , 408 , 408A , 414 , 457 , or 501(a) of the Internal Revenue Code of 1986.
- 522(b)(3)(C)(n): IRAS and Roth IRAs to $1,245,475
- CCA 703.140(b)(5): $1,550 plus any unused amount of burial or homestead exemption in any property (currently $30,825 in total if the filer doesn't use the homestead exemption)
- CCA 703.140(b)(5): $1,550 plus any unused amount of burial or homestead exemption in any property (currently $30,825 in total if the filer doesn't use the homestead exemption)
- CCA 703.140(b)(5): $1,550 plus any unused amount of burial or homestead exemption in any property (currently $30,825 in total if the filer doesn't use the homestead exemption)
- CCA 703.140(b)(5): $1,550 plus any unused amount of burial or homestead exemption in any property (currently $30,825 in total if the filer doesn't use the homestead exemption)