This list of exemptions updated January 2009. All law references are to California codes unless otherwise noted. Federal bankruptcy exemptions are not allowed in California.

California Bankruptcy Exemptions System 1

Homestead

704.730 - Real or personal property occupied at time of filing for bankruptcy, including mobile home, boat, stock cooperative, community apartment, planned development or condominium, up to the following limits: $50,000 if single and not disabled; $75,000 if family and no other member has homestead; $150,000 if 65 or older or if physically or mentally disabled; $150,000 if creditors are seeking to force sale of your home and you are either (a) 55 or older, single and earn under $15,000 per year, or (b) 55 or older, married and earn under $20,000 per year. Sale proceeds are exempt for up to 6 months after sale.

 

704.920 - Homestead declaration may be filed to protect the proceeds of a voluntary sale up to 6 months or to protect the exemption amount from a judicial lien.

Personal Property

704.010 - Motor vehicle or insurance if vehicle lost, destroyed or damaged up to $2,550.

704.020 - Food, clothing, appliances and furnishings.

704.030 - Building materials to repair or improve home up to $2,700.

704.040 - Jewelry, heirlooms and art up to $6,750 total.

704.050 - Health aids.

704.080 - Bank deposits from Social Security Administration up to $2,700 for single payee ($4,050 for husband and wife payees); Bank deposits from other public benefits up to $1,350 ($2,025 for husband and wife).

704.140 & 704.150 - Personal injury causes of action and wrongful death causes of action. Wrongful death and personal injury recoveries that are needed for support.

704.200 - Burial plot.

Fin. 17410 - Funds held in escrow.

Wages

704.070 - 75% of wages paid within 30 days prior to filing bankruptcy.

704.113 - Public employee vacation credits (75% minimum if receiving installment payments).

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional and Roth IRAs up to $1,095,000 per person.

704.110 - Public retirement benefits.

704.115 - Private retirements benefits, including IRA and Keogh.

Government 21255 - Public employees.

Government 31452 - County employees.

Government 31913 - County peace officers.

Government 32210 - County fire fighters.

Public Benefits

704.120 - Unemployment benefits and union benefits due to labor dispute.

704.160 - Workers' compensation.

704.170 - Aid to blind, aged and disabled or other public assistance.

704.180 - Relocation benefits.

704.190 - Financial aid to students.

Tools of Trade

704.060 - Tools, implements, materials, books, uniforms, instruments, equipment, and furnishings up to $6,750, or up to $13,475 if used by both spouses in the same occupation. Commercial vehicle up to $4,850, or $9,700 if used by both spouses in the same occupation.

Insurance

704.100 - Matured life insurance benefits needed for support of unlimited value, or unmatured life insurance policy up to $10,775 in value.

704.120 - Fraternal unemployment benefits.

704.130 - Disability or health benefits.

704.170 - Fraternal benefit society benefits.

704.720 - Homeowners' insurance proceeds for 6 months after received, up to amount of homestead.

Labor 404 - Fidelity bonds.

Ins. 10132, Ins. 10170, Ins. 10171 - Life insurance proceeds if policy prohibits use to pay creditors.

Misc.

695.060 - Business or professional licenses.

704.090 - Trust funds of inmates up to $1,350.

Corp. 16501 - Business partnership property.

---

California Bankruptcy Exemptions System 2 - No doubling of any exemptions

Homestead

703.140(b)(1) Real or personal property, including co-op, used as a residence up to $20,725.

Personal Property

703.140(b)(1) - Burial plot up to $20,725, instead of homestead.

703.140(b)(2) - Motor vehicle up to $3,300.

703.140(b)(3) - Clothing, household goods, appliances, furnishings, animals, books, musical instruments and crops up to $525 per item.

703.140(b)(4) - Jewelry up to $1,350.

703.140(b)(5) - $15,000 of any property, less any claim for homestead or burial plot.

703.140(b)(5) - $1,100 of any property. The unused portion of the burial or household exemption for any property.

703.140(b)(9) - Health aids.

703.140(b)(11) - Wrongful death recoveries needed for support.

703.140(b) (11) - Personal injury recoveries up to $20,725, not to include pain, suffering or pecuniary loss.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional and Roth IRAs up to $1,095,000 per person.

703.140(b)(10) - ERISA-qualified benefits needed for support.

Public Benefits

703.140(b)(10) - Unemployment compensation, Social Security, Veterans' benefits, and public assistance.

703.140 (b) (11) - Crime victims' compensation.

Tools of Trade

703.140(b)(6) - Tools, books and implements of trade up to $2,075.

Alimony Child Support

703.140(b)(10) - Alimony and child support needed for support.

Insurance

703.140(b)(7) - Unmatured life insurance policy, other than credit.

703.140(b)(8) - Unmatured life insurance contract accrued interest, dividends, loan, cash or surrender value up to $11,075.

703.140(b)(10) - Disability benefits.

703.140(b)(11) - Life insurance proceeds needed for support.

Misc.

703.140(b)(5) - $1,100 of any property. Any unused amount of burial or homestead exemption of any property.

Other - Add any applicable Federal Nonbankruptcy Exemptions