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CA Exemptions

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    CA Exemptions

    System 1

    Real or personal Property you occupy including a mobile home, boat, stock cooperative, community apartment, planned development or condo to $50,000.00 if single and not disabled; $75,000.00 for families if no other member has a homestead; $150,000 if age 65 or older, or physically or mentally disabled; $100,000 if 55 or older, single and earn under $15,000 or married and earn under $20,000 and creditors seek to force the sale of your home; sale proceeds exempt for 6 months after received (husband and wife may not double the amount and may file a homestead declaration).

    Insurance:

    * Disability or health benefits
    * Fraternal unemployment bonds
    * Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
    * Fidelity bonds
    * Homeowners' insurance proceeds for 6 months after received, to homestead exemption amount
    * Matured life insurance benefits needed for support
    * Unmatured life insurance policy loan value to
    $10,775 husband and wife may double to $21,550

    Pensions

    * County employees
    * County firefighters
    * County peace officers
    * Private retirement benefits, including IRA's and KEOGHS
    * Public employees
    * Public Retirement benefits

    Miscellaneous

    * Property of business partnership
    * Business or professional license, except liquor licenses
    * Inmates' trust funds to $1,350 (husband and wife may not double)

    Personal Property

    * Appliances, furnishings, clothing and food needed
    * Bank deposits from Social Security Administration to $2,700 ($4,050 for husband and wife.
    Note on Social Security:
    Bank accounts which receive direct deposits from Social Security are exempt without making a claim if they have $2,700 or less (if one depositor is designated payee) or $4,050 (if two or more depositors are designated payees). Balances over the designated amount are completely exempt as long as traceable to Social Security.
    * Building materials to $2,700 to repair or improve home (husband and wife may not double amount)
    * Burial Plot
    * Health aids
    * Jewelry, heirlooms and art to $6,750 total (may not be doubled)
    * Motor vehicles to $2,550 in auto insurance if vehicle(s) lost, damaged or destroyed (may not be doubled)
    * Personal injury causes of action
    * Personal injury recoveries needed for support; if receiving installments at least 75%
    * Wrongful death causes of action
    * Wrongful death recoveries needed for support; if receiving installments, at least 75%

    Public Benefits

    * Aid to blind, aged, disabled, AFDC (Aid to Families with Dependant Children)
    * Financial Aid to Students
    * Relocation benefits
    * Union benefits due to labor dispute
    * Unemployment benefits
    * Worker's Compensation

    Tools of Trade

    * Tools, implements, materials, instruments, uniforms, books, furnishings, equipment, vessel, motor vehicle to $6,750 total (Motor vehicle limited to $4,850); to $13,475 total (Motor vehicle limited to $9,700) if used by both spouses in same occupation (cannot claim motor vehicle under both tools of trade exemption and motor vehicle exemption.

    Wages

    * Public employees vacation credits; if receiving installments, at least 75%
    * 75% of wages paid within 30 days of filing for bankruptcy

    NOTE: These are the major bankruptcy exemptions.
    Check with your bankruptcy lawyer for a full exemptions list.
    Last edited by Cali; 05-17-2008, 05:26 AM.

    #2
    System 2

    Homestead - Unused portion of homestead may be applied to any property. $20,725

    Insurance:

    * Disability or health benefits
    * Life insurance proceeds or avails needed for support
    * Unmatured life insurance contract accrued avails to $11,075
    * Unmatured life insurance policy other than credit

    Miscellaneous

    * Alimony, child support needed for support

    Pensions

    * ERISA qualified benefits needed for support

    Personal Property

    * Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing to $525 per item
    * Burial plot to $20,725, in lieu of homestead
    * Health Aids
    * Jewelry to $1,350
    * Motor vehicle to $3,300
    * Personal injury recoveries to $20,775 (not to include pain and suffering or pecuniary loss)
    * Wrongful death recoveries needed for support

    Public Benefits

    * Crime victims' compensation
    * Public Assistance
    * Social Security
    * Unemployment benefits
    * Veterans' benefits

    Tools of Trade $2,075

    Wild Card

    * $1,100 of any property plus unused portion of homestead or burial exemption of any property. Total wildcard = $21,825

    Comment

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