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CA exemption system 2

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    CA exemption system 2

    I am filing for Ch.7 bankruptcy in CA under system 2.
    Can anyone tell me how much of my wage will be taken and for how long?
    I am working and make less than the state median.
    Thanks in advance for the help.

    #2
    Your wages should not be taken. To be safe you can use your wildcard (if you don't use it for a home) to cover "earned but unpaid wages". Good luck.
    Filed Ch. 7 Pro Se: 12/11/08
    341 Meeting: 1/7/09
    Trustee's Report of No Distribution: 1/9/09
    Discharged: 3/10/09

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      #3
      According to the system it says that wages are not exempt so I assume it's up to the judge to determine how much if at all will be taken?
      Also, would they only be able to take from the first paycheck or futre ones as well?
      Last edited by ptaewk; 02-18-2009, 11:27 AM.

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        #4
        Originally posted by ptaewk View Post
        According to the system it says that wages are not exempt so I assume it's up to the judge to determine how much if at all will be taken?
        Also, would they only be able to take from the first paycheck or futre ones as well?
        If you make enough to have disposable income you will not be able to file Ch7, but you will have to file Ch13 or negotiate with the CC companies.

        If you qualify for Ch7 your wages are not part of the process.

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          #5
          Thanks for the replies.
          I don't have any disposable income so I'll be filing Ch7.
          However, do i still need to list my future wage on the schedule form?

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            #6
            Post a link to what you're talking about. Wages aren't taken in a Chapter 7.

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              #7

              It says that the federal non-bankruptcy wage exemption applies - which is a minimum of 75% of wages or can be higher if the person is low-income.

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                #8
                I think what that means is, if you filed prior to actually getting a paycheck that up to 25% of those wages won't be exmpt but, going forward, your check is not going to be affected.
                In other words, you've earned the wage but haven't actually gotten paid. Prehaps it will fit in under that $1100 wildcard.

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