Standard California Bankruptcy Exemptions & Wildcard Exemptions Compared
(as of April 21, 2021)
| TYPE OF PROPERTY | STANDARD CALIFORNIA BANKRUPTCY EXEMPTIONS | WILDCARD CALIFORNIA BANKRUPTCY EXEMPTIONS |
| CA CCP California Homestead Exemption for Debtor’s Principal Residence (including mobile homes, houseboats & all outbuildings on same property) |
*New 2021 CA homestead exemption, click here. CA CCP §704.30(a)(1) |
$29,275.00
§703.140(b)(1) |
| CA CCP Material to repair or improve residence |
$3,500
§704.030 |
Not Available |
| CA CCP Household Goods Exemption. Includes Furniture, Appliances, Clothes & Personal Items |
*Reasonable & Necessary
§704.020 |
$725 per item no maximum
§703.140(b)(3) |
| CA CCP Motor Vehicle Exemption |
$3,325 total equity in all vehicles
§704.010 |
$5,850 in all vehicles §703.140(b)(2) |
| CA CCP Tools of the Trade Exemption. Includes Tools, Equipment and Professional Books |
$8,725 per employed Debtor or $17,450 for spouses (if in a common trade or business) or $4,850 in a commercial vehicle or $9,700 total equity in a commercial vehicle for both spouses.
§704.060 |
$8,725
§703.140(b)(6) |
| CA CCP Jewelry Exemption Jewelry, Heirlooms, Works of Art |
$8,850
§704.040 |
$1,750 jewelry only §703.140(b)(4) |
| CA CCP California Wild Card Exemption. Anything selected by debtor |
Not Available | $1,550 plus unused portion of §703.140(b)(1) homestead exemption. Can be used for any property. (Wild Card)
§703.140(b)(5) |
| CA CCP Life Insurance Benefits Including endowments & annuities if primarily a life insurance policy) |
*Reasonable & Necessary
§704.100(c) |
All
§703.140(b)(11)(C) |
| CA CCP Life Insurance Loan Values |
$11,800 Per spouse §704.100(b) | $15,650
§703.140(b)(8) |
| CA CCP Prosthetics & other Health Aids |
Reasonable & Necessary*
§704.050 |
All
§703.140(b)(9) |
| CA CCP Cemetery Plot |
All for Debtor & Spouse
§704.200(c) |
Not Available |
| CA CCP Wages earned |
75% of last month’s wages
§704.070 |
Not Available |
| CA CCP Vacation Credits |
All (Public Employees Only)
§704.113 |
Not Available |
| CA CCP Ongoing Social Security Benefits & /or Public Benefits |
All Rights to Receive Social Security Benefits &/or Public Benefits
§704.010(b) |
All Rights to Receive Social Security Benefits & / or Public Benefits
§703.140(b)(10)(A) |
| CA CCP Bank Accounts for Social Security Benefits &/or Public Benefits if Direct Deposit is used and not co-mingled with other funds. |
$3,200 if single debtor or $4,800 if joint debtors if Direct Deposit & NOT co-mingled with any other funds.
§704.080(b)(2)
|
Not Available [MAY be protected by §703.140(b)(10)(A)] |
| CA CCP Bank Accounts for Social Security Benefits &/or Public Benefits if Direct Deposit is used and not co-mingled with other funds. |
Any amounts in excess of the §704.080(b)(2) limits above as long as it is Direct Deposit & NOT co-mingled with any other funds. §704.080(c) |
Not Available [MAY be protected by §703.140(b)(10)(A)] |
| CA CCP Private Retirement Benefits |
All
§704.115(b) |
*Reasonable & Necessary
§703.140(b)(10)(E) |
| CA CCP Health/Disability Insurance Benefits |
All
§704.130 |
All
§703.140(b)(10)(C) |
| CA CCP Personal Injury Payments after Judgment or Settlement |
*Reasonable & Necessary
§704.140(d) |
$29,275 Includes Assets Traceable To Funds From Personal Injury
§703.140(b)(11)(D) |
| CA CCP Personal Injury Cause of Action |
All
§704.140(a) |
Same under California Exemption above §703.140(b)(11)(D) |
| CA CCP Worker’s Compensation Benefits |
All
§704.160 |
*Reasonable & Necessary
§703.140(b)(11)(E) |
| CA CCP Loss of Future Earnings |
All
§704.140 |
*Reasonable & Necessary
§703.140(b)(11)(E) |
| CA CCP Unemployment Benefits |
All
§704.120 |
All
§703.140(b)(10)(C) |
| CA CCP Relocation Benefits |
All
§704.180 |
Not Available |
| CA CCP Veteran’s Benefits |
Not Available
(However it is exempt under Federal Law §38 USC §5301) |
All
§703.140(b)(10)(B) |
| CA CCP Benefits from Wrongful Death Lawsuit |
*Reasonable & Necessary
§704.150(b) |
*Reasonable & Necessary
§703.140(b)(11)(B) |
| CA CCP Wrongful Death Cause of Action |
All if deceased was part or whole provider of the household income.
§704.150(a) |
Not Available |
| CA CCP Right to Collect Back Child Support or Alimony |
Exemption Not Available | *Reasonable & Necessary
§703.140(b)(10)(D) |
| CA CCP Welfare or Charitable Aid |
All
§704.170 |
Not Available |
| CA CCP Prisoner Trust Account |
$1,750 Inmate trust account (restitution fine or order) $325
§704.090 |
Not Available |
*”Reasonable & Necessary” refers to a judicial determination that the asset is adequate and appropriate to the debtor’s specific lifestyle and the asset’s intended use. Any party objecting to the exemption has the burden of proof that it is not “Reasonable & Necessary.” FRBP 4003(c).
Additional Bankruptcy Exemptions Available:
Note 1: There are additional Federal Non-Bankruptcy Exemptions available in addition to the California Bankruptcy Exemptions. This is the case even where the Federal Bankruptcy Exemptions under 11 U.S.C. 522 are not available. See us or a California bankruptcy attorney specialist for details
Note 2: Some assets are not protected under either State or Federal Laws but are not assets of the bankruptcy estate. Therefore, they do not need to be protected even though the assets and rights have value to the Debtor.
This chart of California bankruptcy exemptions under the California Code of Civil Procedure Sections 703 and 704 that set forth the available California Bankruptcy Exemptions was updated on April 21, 2021 by Gary Ray Fraley, California State Bar Certified Bankruptcy Law Specialist, founder & owner of Fraley & Fraley, Sacramento Bankruptcy Attorneys.
You can contact us at www.sacramentobankruptcyattorneys.com or call us at (916) 485-5444.
Warning: Do not assume that you are entitled to use the California bankruptcy exemptions. See a California Bankruptcy Attorney Specialist as to your exemption rights. Your right to use the California bankruptcy exemptions, even when you are living in California, depends on factors that cannot be answered here.
