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CALIFORNIA EXEMPTION LISTHow to use this table of exemptions, by Attorney Thomas Prediletto. The following is a summary of Plan 1 and Plan 2 exemptions that can be claimed to exempt both real and personal property in a bankruptcy petition. California residents who file bankruptcy may generally use exemptions from only one of the two California plans, and must choose all exemptions from the selected plan; however, special rules apply as to which state or federal exemptions may be used if an individual’s domicile has not been continuously located in California for the two year period prior to filing a bankruptcy petition. Exempt property of a debtor is property of the debtor that is not available to be used (sold) to pay his/her unsecured creditors and is not subject to the claims of unsecured creditors, but may be subject to the rights of secured creditors and lien holders. When reviewing the list for exemptions for your own property you should be aware that there may not be a “matching” exemption. Some state exemptions contain a “wildcard” which can be used if a matching exemption cannot be found in the list of exemptions. Also, an individual must own an interest in the property to claim the property as exempt. The debtor may exempt the equity (value of property less the total amount owed against it) however; any equity value in the property above the exemption amount may be subject to the claims of unsecured creditors. By way of example, if you own a home worth $250,000 and owe a total of $200,000 against it (combining all mortgage/home equity lines of credit and/or liens against the property) the amount of equity you would need to protect is $50,000. So long as the homestead exemption is more than $50,000 the full amount of the equity is exempt and not subject to the claims of your unsecured creditors. In the alternative, say the home is worth $250,000 and you only owe $100,000 against it, anything over the exemption amount is subject to the claims of the unsecured creditors. The same type example would apply to a motor vehicle, though the exemption for a motor vehicle is less than the amount of the exemption for a home. Please note that all of the exemptions may be doubled if a married couple is filing, with the exception of the homestead exemption. To view California exemption list and amounts available, click here or scroll down the page. To view California Codes, visit Justia US Laws - California Code of Civil Procedure. Plan 1 (State) 704 Exemptions |
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| Description | LAW |
Max Individual Amount |
Max Joint Amount |
| Alimony, Support, Or Separate Maint. | C.C.P. § 703.140(b)(10)(D) | UNLIMITED | |
| Any Property Selected By Debtor | C.C.P. §§ 703.140(b)(5), 703.150 | $1,175.00 | $1,175.00 |
| Crime Victims Reparation Benefits | C.C.P. § 703.140(b)(11)(A) | UNLIMITED | |
| Disability, Illness, Or Unempl. Benefits | C.C.P. § 703.140(b)(10)(C) | UNLIMITED | |
| Health Aids | C.C.P. § 703.140(b)(9) | UNLIMITED | |
| Homestead, Cemetery Plot | C.C.P. §§ 703.140(b)(1), 703.150 | $22,075.00 | $22,075.00 |
| Household Furn.($525 max. value for any particular item) | C.C.P. §§ 703.140(b)(3), 703.150 | UNLIMITED | |
| Jewelry | C.C.P. §§ 703.140(b)(4), 703.150 | $1,425.00 | $1,425.00 |
| Life Ins. - Unmatured, Accrued Div Interest or Loan Value | C.C.P. §§ 703.140(b)(8), 703.150 | $11,800.00 | $11,800.00 |
| Life Ins. Contracts - Unmatured | C.C.P. § 703.140(b)(7) | UNLIMITED | |
| Motor Vehicle | C.C.P.§§ 703.140(b)(2), 703.150 | $3,525.00 | $3,525.00 |
| Pmts. - Life Ins. Contract | C.C.P. § 703.140(b)(11)(C) | UNLIMITED | |
| Pmts. - Loss Of Future Earnings | C.C.P. § 703.140(b)(11)(E) | UNLIMITED | |
| Pmts. - Personal Bodily Injury | C.C.P. §§ 703.140(b)(11)(D), 70 | $22,075.00 | $22,075.00 |
| Pmts. - Stock, Bonus, Pension Or Annuity Plans | C.C.P. § 703.140(b)(10)(E) | UNLIMITED | |
| Pmts. - Wrongful Death Of Indiv. | C.C.P. § 703.140(b)(11)(B) | UNLIMITED | |
| Public Assistance | C.C.P. § 703.140(b)(10)(A) | UNLIMITED | |
| Tools Of Trade - Books, Equip. Etc. | C.C.P. §§ 703.140(b)(6), 703.150 | $2,200.00 | $2,200.00 |
| Veteran's Benefits | C.C.P. § 703.140(b)(10)(B) | UNLIMITED |
| Description | LAW |
Max Individual Amount |
Max Joint Amount |
| Alameda/Contra Costa County Trans. Dist. Empl.'s Retir. Ben. | Util. Code § 25337 | UNLIMITED | |
| Bond Posted By Employee | Lab. Code §404 | UNLIMITED | |
| Burial Plots | C.C.P. § 704.200 | UNLIMITED | |
| Commercial Motor Vehicle | CCP §§704.060(d), 703.150 | $4,850.00 | $9,700.00 |
| Earnings Paid | C.C.P. §§ 704.070, 703.150 | UNLIMITED | |
| Escrow And Trust Funds | Fin. Code § 17410 | UNLIMITED | |
| Escrow Funds; Trust Funds | Fin. Code § 50202 | UNLIMITED | |
| Exemption And Use Of Proceeds From Sales Of Unused Lands | Health & Safe. Code § 7925 | UNLIMITED | |
| Health Aids | C.C.P. § 704.050 | UNLIMITED | |
| Homestead - $100,000 (debtor member of family unit) | C.C.P. § 704.730(a)(2) | $100,000.00 | $100,000.00 |
| Homestead - $75,000 | C.C.P. § 704.730(a)(1) | $75,000.00 | $75,000.00 |
| Homestead (debtor over 65) | C.C.P. § 704.730(a)(3) | $175,000.00 | $175,000.00 |
| Household Furnishings | C.C.P. § 704.020 | UNLIMITED | |
| Insur. Benefits - Health, Disability | C.C.P. § 704.130 | UNLIMITED | |
| Insurance - Fidelity Bonds | Labor 404 | UNLIMITED | |
| Jewelry, Heirlooms And Works Of Art | C.C.P. §§ 704.040, 703.150 | $7,175.00 | $7,175.00 |
| License To Engage In Business | CCP § 695.060 | UNLIMITED | |
| Life Insurance - Proceeds Of Matured | C.C.P. § 704.100(c) | UNLIMITED | |
| Life Insurance - Unmatured | C.C.P. §§ 704.100(b), 703.150 | $11,475.00 | $11,475.00 |
| Life Insurance Policies - Unmatured | C.C.P. § 704.100(a) | UNLIMITED | |
| Motor Vehicle - Equity & Insurance | C.C.P. §§ 704.010, 703.150 | $2,725.00 | $2,725.00 |
| Municipal Utility District Officers/Employees | Util. Code § 12337 | UNLIMITED | |
| Partnership Interest (To The Extent Allowed By Ex. Laws) | Corp. Code §16504 | UNLIMITED | |
| Partnership Property | Corp. Code § 16504 | UNLIMITED | |
| Pers. Injury & Wrongful Death Claims | C.C.P. §§ 704.140(a), 704.150(a) | UNLIMITED | |
| Proceeds From Pers. Injury Or Death | C.C.P. §§ 704.140(d), 704.150(c) | UNLIMITED | |
| Property - Not Subject To Money Judgment | CCP § 704.210; 695.030 | UNLIMITED | |
| Public Benefits Deposit Account | CCP §704.080 | UNLIMITED | |
| Public Employees’ Retirement Benefits | Gov’t Code §21255 | UNLIMITED | |
| Public Entity Retirement, Death, Disability Benefits | C.C.P. § 704.110(b), Gov. Code § 21201 | UNLIMITED | |
| Relocation/Dwelling Displacement Payment | C.C.P. § 704.180 | UNLIMITED | |
| Residential Building Materials | C.C.P. §§ 704.030, 703.150 | $2,700.00 | $2,700.00 |
| Retirement Benefits - County Employees | Gov. Code § 31452 | UNLIMITED | |
| Retirement Benefits - County Firefighter | Gov. Code § 32210 | UNLIMITED | |
| Retirement Benefits - County Peace Officer | Gov. Code § 31913 | UNLIMITED | |
| Retirement Benefits - Private | C.C.P. § 704.115(a)(1), (2) | UNLIMITED | |
| Retirement Benefits - Self Employed | C.C.P. § 704.115(a)(3) | UNLIMITED | |
| Retirement Benefits Received - Public | C.C.P. § 704.110(d) | UNLIMITED | |
| San Francisco Bay Area Rapid Trans. Dist | Cal. Pub. Util. Code § 28896 | UNLIMITED | |
| San Joaquin Regional Trans. Dist. Employees | Cal. Pub. Util. Code § 50146 | UNLIMITED | |
| Santa Barbara Metro. Trans. Dist. Employees | Cal. Pub. Util. Code § 95836 | UNLIMITED | |
| Santa Cruz Metro. Trans. Dist. Employees | Cal. Pub. Util. Code § 98196 | UNLIMITED | |
| Students Financial Aid | C.C.P. § 704.190 | UNLIMITED | |
| Tools Of Trade - Books, Equip. Etc. | C.C.P. §§ 704.060, 703.150 | $7,175.00 | $14,350.00 |
| Trust Fund Accounts - Prisoners | C.C.P. § 704.090 | $1,425.00 | $1,425.00 |
| Unemployment Compensation Benefits | C.C.P. § 704.120 | UNLIMITED | |
| Union Benefits (Labor Dispute) | CCP § 704.120(5) | UNLIMITED | |
| Vacation Credits - Public Employees | C.C.P. § 704.113 | UNLIMITED | |
| Welfare & Fraternal Society Benefits | C.C.P. § 704.170 | UNLIMITED | |
| Workmen's Compensation Benefits | C.C.P. § 704.160 | UNLIMITED |
