California Bankruptcy Exemptions

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

1 motor vehicle

$4,080

Cal. Civ. Proc. Code § 703.140(b)(2)

Equity in motor vehicles, including insurance or execution sale proceeds for 90 days under § 704.010

$2,725

Cal. Civ. Proc. Code § 704.010

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)

State and public employees’ vacation credits

100% (lump sum payments subject to federal earnings exemptions)

Cal. Civ. Proc. Code § 704.113

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

Earnings of debtor

Amount necessary for support of debtor or debtor’s family

Cal. Civ. Proc. Code § 706.051

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)©

Unmatured life insurance policies

100%

Cal. Civ. Proc. Code § 704.100(a)

Disability, illness, or unemployment benefits

100%

Cal. Civ. Proc. Code § 703.140(b)(10)(C)

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)

Unmatured life insurance contracts owned by debtor, except credit life insurance contracts

100%

Cal. Civ. Proc. Code § 703.140(b)(7)

Cash employment bonds (all)

100%

Cal. Lab. Code § 404

Health and disability insurance benefits

100% -health care and support claims excepted

Cal. Civ. Proc. Code § 704.130

Proceeds of matured life insurance policies

Amount reasonably necessary to support debtor and dependents

Cal. Civ. Proc. Code § 704.100(c)

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)

Burial plots of debtor and spouse

100%

Cal. Civ. Proc. Code § 704.200

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)

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)

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 injury and wrongful death claims

100%

Cal. Civ. Proc. Code §§ 704.140(a), 704.150(a)

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)

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

Professionally prescribed health aids of debtor and dependents

100%

Cal. Civ. Proc. Code § 703.140(b)(9)

Residential building materials

$2,875

Cal. Civ. Proc. Code § 704.030

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)

Jewelry, heirlooms and works of art

$7,175

Cal. Civ. Proc. Code § 704.040

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)

Prosthetic and orthopedic appliances and health aids

100%

Cal. Civ. Proc. Code § 704.050

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)

Necessary personal household furnishings, provisions, appliances, wearing apparel and personal effects of debtor and family

100%

Cal. Civ. Proc. Code § 704.020

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

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)

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)

Funds and benefits of private retirement plans, except self-employed retirement plans

100% (support claims excepted)

Cal. Civ. Proc. Code §704.115(b)

Public retirement benefits received

100%

Cal. Civ. Proc. Code § 704.110(d)

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, 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

Unemployment insurance contributions and benefits

100% (support claims excepted)

Cal. Civ. Proc. Code § 704.120

Workmen's compensation benefits

100% (support claims excepted)

Cal. Civ. Proc. Code § 704.160

Crime victim's reparation law benefits or awards

100%

Cal. Civ. Proc. Code § 703.140(b)(11)(A)

Public aid

100%

Cal. Welf. & inst. § 11002

Veterans' benefits

100%

Cal. Civ. Proc. Code § 703.140(b)(10)(B)

Social security, unemployment compensation, or public assistance benefits

100%

Cal. Civ. Proc. Code § 703.140(b)(10)(A)

Students' financial aid from institution of higher learnings

100%

Cal. Civ. Proc. Code § 704.190

Welfare and Fraternal Benefit Society benefits

100%

Cal. Civ. Proc. Code § 704.170

Relocation payments

100%

Cal. Civ. Proc. Code § 704.180

Business or professional license

100%

Cal. Civ. Proc. Code § 695.060

Specific partnership property

100% of partner's interest

Cal. Corp. Code § 16501

Prisoners' funds in inmates' trust accounts

$1,425

Cal. Civ. Proc. Code § 704.090

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)

Property not subject to enforcement of a money judgment

100%

Cal. Civ. Proc. Code § 704.210