California Bankruptcy Exemptions

On this page you can find all of the exemptions for California. Exemptions are the property that you can keep when you file bankruptcy.

CATEGORY
PROPERTY
AMOUNT
STATUTE
Homestead
Homestead exemption. Includes house and outbuildings, land, or mobile home, or boat; and includes proceeds from sale, damage or taking thereof
$100,000 for family unit member living with 1 or more non-owner family unit members. $175,000 for person who is 65 or older, disabled, or over 55 with annual gross income of $25,000 or less if single or $35,000 or less if married. $75,000 for any other person
* Cal. Civ. Proc. Code § 704.730
Motor Vehicle
1 motor vehicle
$4,080
Cal. Civ. Proc. Code § 703.140(b)(2)
Motor Vehicle
Equity in motor vehicles, including insurance or execution sale proceeds for 90 days under § 704.010
$2,725
Cal. Civ. Proc. Code § 704.010
Wild Card
Any property selected by debtor
$1,280 plus unused portion of § 703.140(b)(1) exemption ($23,250 if not a homeowner)
Cal. Civ. Proc. Code § 703.140(b)(5)
Wages / Wage Garnishment
State and public employees’ vacation credits
100% (lump sum payments subject to federal earnings exemptions)
Cal. Civ. Proc. Code § 704.113
Wages / Wage Garnishment
Earnings in deposit accounts or in cash or its equivalent
75%, except that all earnings subject support orders or assignments are exempt
Cal. Civ. Proc. Code § 704.070
Wages / Wage Garnishment
Earnings of debtor
Amount necessary for support of debtor or debtor’s family
Cal. Civ. Proc. Code § 706.051
Insurance
Unmatured life insurance contracts owned by debtor, except credit life insurance contracts
100%
Cal. Civ. Proc. Code § 703.140(b)(7)
Insurance
Cash employment bonds (all)
100%
Cal. Lab. Code § 404
Insurance
Health and disability insurance benefits
100% -health care and support claims excepted
Cal. Civ. Proc. Code § 704.130
Insurance
Proceeds of matured life insurance policies
Amount reasonably necessary to support debtor and dependents
Cal. Civ. Proc. Code § 704.100(c)
Insurance
Payments under life insurance contract insuring life of an individual of whom debtor was a dependent
100% of amount reasonably necessary for support of debtor and dependents
Cal. Civ. Proc. Code § 703.140(b)(11)©
Insurance
Aggregate loan values of unmatured life insurance policies
$11,475 each for debtor and spouse ($22,950 for married debtor)
Cal. Civ. Proc. Code § 704.100(b)
Insurance
Disability, illness, or unemployment benefits
100%
Cal. Civ. Proc. Code § 703.140(b)(10)(C)
Insurance
Unmatured life insurance policies
100%
Cal. Civ. Proc. Code § 704.100(a)
Insurance
Accrued dividends or interest under, or loan value of, any unmatured life insurance contract owned by debtor in which the insured is the debtor or a person of whom the debtor is a dependent
$12,860
Cal. Civ. Proc. Code § 703.140(b)(8)
Personal Property
Residential building materials
$2,875
Cal. Civ. Proc. Code § 704.030
Personal Property
Household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments held primarily for the personal, family, or household use of the debtor or a dependent of the debtor
$600 per item (no aggregate limit)
Cal. Civ. Proc. Code § 703.140(b)(3)
Personal Property
Jewelry, heirlooms and works of art
$7,175
Cal. Civ. Proc. Code § 704.040
Personal Property
Debtor's aggregate interest in real or personal property that the debtor or a dependent of the debtor uses as a residence; or in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or in a burial lot for the debtor or a dependent of the debtor
$24,060
Cal. Civ. Proc. Code § 703.140(b)(1)
Personal Property
Payments in compensation for loss of future earnings of debtor or person of whom debtor is a dependent
100% of amount reasonably necessary for support of debtor and dependents
Cal. Civ. Proc. Code § 703.140(b)(11)(E)
Personal Property
Prosthetic and orthopedic appliances and health aids
100%
Cal. Civ. Proc. Code § 704.050
Personal Property
Burial plots of debtor and spouse
100%
Cal. Civ. Proc. Code § 704.200
Personal Property
Payments on account of personal bodily injury of debtor or person of whom debtor is a dependent (does not include compensation for pain and suffering or actual pecuniary loss)
$24,060
Cal. Civ. Proc. Code § 703.140(b)(11)(D)
Personal Property
Necessary personal household furnishings, provisions, appliances, wearing apparel and personal effects of debtor and family
100%
Cal. Civ. Proc. Code § 704.020
Personal Property
Proceeds of personal injury and wrongful death claims
Amount necessary to support debtor and dependents (periodic payments subject only to federal earnings exemption)
Cal. Civ. Proc. Code §§ 704.140(d), 704.150(c)
Personal Property
Payments on account of the wrongful death of individual of whom debtor was a dependent
100% of amount reasonably necessary for support of debtor and independents
Cal. Civ. Proc. Code § 703.140(b)(11)(B)
Personal Property
Personal injury and wrongful death claims
100%
Cal. Civ. Proc. Code §§ 704.140(a), 704.150(a)
Personal Property
Professionally prescribed health aids of debtor and dependents
100%
Cal. Civ. Proc. Code § 703.140(b)(9)
Personal Property
Bank accounts used for direct deposit of Social Security or public benefit funds
$1,425 for one public benefactor $2,875 for one social security depositor $2,150 for 2 or more public benefit depositors $4,300 for 2 or more social security depositors
Cal. Civ. Proc. Code § 704.080
Personal Property
Jewelry held primarily for personal, family, or household use of debtor or a dependent of the debtor
$1,425
Cal. Civ. Proc. Code. § 703.140(b)(4)
Pensions / Retirement Accounts
Public retirement benefits received
100%
Cal. Civ. Proc. Code § 704.110(d)
Pensions / Retirement Accounts
Retirement funds and benefits held or payable by a public entity
100% (support claims excepted)
Cal. Civ. Proc. Code § 704.110(b) Cal. Gov’t. Code § 21201
Pensions / Retirement Accounts
Payments under stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service
100% of amount reasonably necessary for support of debtor and dependents
Cal. Civ. Proc. Code § 703.140(b)(10)(E)
Pensions / Retirement Accounts
Funds and benefits of self employed retirement plans, including IRAs and Roth IRAs
Funds -Amounts necessary to support debtor and dependents upon retirement Periodic benefits - Amount necessary for support of debtor or debtor’s family
Cal. Civ. Proc. Code § 704.115(e)(f) §704.115(a)(3),(b),(e),(f)
Pensions / Retirement Accounts
Funds and benefits of private retirement plans, except self-employed retirement plans
100% (support claims excepted)
Cal. Civ. Proc. Code §704.115(b)
Tools of the Trade
Implements, professional books, or tools, of the trade of debtor or a dependent of the debtor
$7,125
Cal. Civ. Proc. Code § 703.140(b)(6)
Tools of the Trade
Tools, implements, materials, books and equipment used in trade or business (can include motor vehicle if not claimed under C.C.P. § 704.010)
$14,350 combined for debtor & spouse if each is engaged in trade or business (motor vehicle limit is $9,700); if only one is engaged in trade or business, limits are $7,175 and $4,850
Cal. Civ. Proc. Code § 704.060
Public Benefits
Social security, unemployment compensation, or public assistance benefits
100%
Cal. Civ. Proc. Code § 703.140(b)(10)(A)
Public Benefits
Workmen's compensation benefits
100% (support claims excepted)
Cal. Civ. Proc. Code § 704.160
Public Benefits
Public aid
100%
Cal. Welf. & inst. § 11002
Public Benefits
Students' financial aid from institution of higher learnings
100%
Cal. Civ. Proc. Code § 704.190
Public Benefits
Welfare and Fraternal Benefit Society benefits
100%
Cal. Civ. Proc. Code § 704.170
Public Benefits
Crime victim's reparation law benefits or awards
100%
Cal. Civ. Proc. Code § 703.140(b)(11)(A)
Public Benefits
Relocation payments
100%
Cal. Civ. Proc. Code § 704.180
Public Benefits
Veterans' benefits
100%
Cal. Civ. Proc. Code § 703.140(b)(10)(B)
Public Benefits
Unemployment insurance contributions and benefits
100% (support claims excepted)
Cal. Civ. Proc. Code § 704.120
Miscellaneous
Property not subject to enforcement of a money judgment
100%
Cal. Civ. Proc. Code § 704.210
Miscellaneous
Business or professional license
100%
Cal. Civ. Proc. Code § 695.060
Miscellaneous
Specific partnership property
100% of partner's interest
Cal. Corp. Code § 16501
Miscellaneous
Prisoners' funds in inmates' trust accounts
$1,425
Cal. Civ. Proc. Code § 704.090
Miscellaneous
Alimony, support, or separate maintenance
100% of amount reasonably necessary for support of debtor and dependents
Cal. Civ. Proc. Code§ 703.140(b)(10)(D)

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