Bankrupcty in California

HOMESTEAD
Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development or condo to $50,000 if single and not disabled; $75,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common), $125,000 if 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).

704.710,

704.720,

704.730

In re McFall, 112 B.R. 336

(9th Cir. B.A.P., 1990)

INSURANCE
Disability or health benefits

704.130

Fidelity bonds

Labor 404

Fraternal unemployment benefits

704.120

Homeowner’s insurance proceeds for 6 months after received, to homestead exemption amount

704.720 (b)

Life Insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

Ins. 10132, Ins. 10170,

Ins. 10171

Matured life insurance benefits needed for support

704.100 (c)

Unmatured life insurance policy loan value to $8,000 (husband and wife may double

704.100 (b)

PENSIONS
County employees

Gov’t 31452

County firefighters

Gov’t 32210

County peace officers

Gov’t 31913

Private retirement benefits, including IRAs and Keoghs

704.115

Public employees

Gov’t 21201

Public retirement benefits

704.110

PERSONAL PROPERTY

Appliances, furnishings, clothing and food needed

704.020

Bank deposits from Social Security Administration to $2000

($3000 for husband and wife)

704.080

Building materials to $2000 to repair or improve home (husband and wife may not double)

704.030

Burial plot

704.200

Health aids

704.050

Jewelry, heirlooms and art to $5000 total (husband and wife may not double)

704.040

Motor vehicles to $1900, or $1900 in auto insurance if vehicle(s), lost, damaged or destroyed (husband and wife may not double)

704.010

Personal injury and wrongful death causes of action

704.140 (a),

704.150 (a)

Personal injury and wrongful death recoveries needed for support; if receiving installments, at least 75%

704.140(b), (c), (d),

704.150 (b), (c)

May file homestead declaration

704.920

PUBLIC BENEFITS
Aid to blind, aged, disabled, AFDC

704.170

Financial aid to students

704.190

Relocation benefits

704.180

Unemployment benefits

704.120

Union benefits due to labor dispute

704.120(b)(5)

Workers’ compensation

704.160

TOOLS OF TRADE
Tools, implements, materials, instruments, uniforms, books, furnishings, equipment, vessel, motor vehicle to $5,000 total; to $10,000 total if used by both spouses in same occupation (cannot claim motor vehicle under tools of trade exemption if claimed under motor vehicle exemption)

704.060

WAGES
Minimum 75% of wages

704.070

Public employees vacation credits; if receiving installments, at least 75%

704.113

WILD CARD
$925 of any property

703.140 (b) (5)

Plus unused portion of homestead or burial exemption, of any property

703.140 (b) (5)

16-66-218(b)(1), (2)