Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

(Out of state) CA exemptions and rental security deposit

  • Filter
  • Time
  • Show
Clear All
new posts

  • (Out of state) CA exemptions and rental security deposit

    I left California less than two years back so will be using California exemptions for the Chapter 7 I'm filing (CA Chapter 13 dismissed early 2010 after I could not continue with plan). California provides no access to Federal exemptions and there is no wildcard exemption (whatever benefit the wildcard would have given me; I suppose it's not worthwhile to research that at this point).

    When I look at my old Chapter 13 paperwork, one of the odd things I see with respect to how exemptions were handled is that no rental deposit is listed. This means that I can't use it as a model for how to fill out my new paperwork (a lot of the forms are the same).

    Is there a California exemption that I can apply to a not insubstantial rental deposit after I put it wherever it goes? I'm concerned about whether my deposit is vulnerable to be taken and whether my landlord would end up involved in my bankruptcy even though my rent is current. Yes, bankruptcy records are public, but there's a difference between that and having the court contact my landlord--the impact on me would probably also be different. I saw an old thread saying that a trustee could take a rental security deposit. There was a new thread over the weekend where someone was reassured that it would be okay if they just listed the deposit but it didn't really say more. I'm not finding anything clearly applicable to deposits in the California exemption list and my google searching isn't helping much.

    Can anyone clear this up for me?

    Thank you.
    11/2008 - Filed Chapter 13
    02/2010 - Chapter 13 dismissed
    08/2010 - Filed Chapter 7 pro se in new district
    09/2010 - Chapter 7 341

  • #2
    I looked further and it appears that California has its own "wildcard" in 703.140(b)(5), which allows any unused part of the Homestead exemption to be used under California system 2 as a catch-all for otherwise uncovered property. It looks like this Homestead exemption can be used by renters as well -- that you do not need to own property to have access to it.

    So, perhaps this is how I can exempt my security deposit on my current rental, which must be listed as property I own (cash) that is not in my own possession.

    Can anyone confirm what I've learned here? Again, I'm no longer in California and am filing pro se as a Chapter 7 after having had my Chapter 13 dismissed for lack of adherence to the payment plan early this year. I have to use CA exemptions because I have not been in my new state for a full two years.

    If that Homestead exemption of some $21,000 is available to renters, that makes a huge difference in the amounts you can exempt since it's far and away much, much more than most of the other exemptions I've noted.

    11/2008 - Filed Chapter 13
    02/2010 - Chapter 13 dismissed
    08/2010 - Filed Chapter 7 pro se in new district
    09/2010 - Chapter 7 341


    • #3
      I am in CA and about to file Ch 7. I've spoken with two attorneys and trying to determine whether to go pro se or attempt to somehow come up with their fees. Bottom line, both told me that my security deposit (renter) and my wife's jewelry can be covered under wildcard.
      Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10


      • #4
        Thanks much for telling me what's been said in your consultations. That's very reassuring to me. The exemption form is one of the last few I have to finish off.

        Good luck to you.
        11/2008 - Filed Chapter 13
        02/2010 - Chapter 13 dismissed
        08/2010 - Filed Chapter 7 pro se in new district
        09/2010 - Chapter 7 341


        • #5
          Oops- duplicate info, its already covered.
          Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
          (In the 'planning' stage, to file ch. 13 if/when we have to.)


          • #6
            It may not be entirely covered.

            Last night when I was looking at some exemption information I realized that I'd overlooked something. Apparently if the federal exemptions are available in the state in which you'll be filing, you can use them regardless of how long you've been there. See:


            Because I'm filing in such a state, I could have used the federal exemptions. I didn't know this and since I'm pro se and CA is my old state, it felt comfortable to use the CA exemptions that my CA attorneys used on my dismissed Chapter 13. So that's what I've got going at this point. CA system 2 allows the use of a CA homestead exemption as a wildcard and that seems to cover me well anyway.
            11/2008 - Filed Chapter 13
            02/2010 - Chapter 13 dismissed
            08/2010 - Filed Chapter 7 pro se in new district
            09/2010 - Chapter 7 341


            Unconfigured Ad Widget