TYPE OF PROPERTY

REGULAR EXEMPTION

SPECIAL EXEMPTION

Principal Residence (including mobile homes, houseboats & all outbuildings on same property)

$50,000 - Single Debtor §704.730(a)(1)

$75,000 Head of Household §704.730(a)(2)

$150,000 65 years or Disabled or 55 years with low income §704.730(a)(3) ** WARNING SEE FEDERAL LIMITATIONS BELOW

$20,725 in any real property §703.140(b)(1)

Material to repair or improve residence

$2,700 - §704.030

Not Available

Household Goods, Appliances, Clothes & Personal Items

Reasonable & Necessary* §704.020

$525 per item with no maximum §703.140(b)(3)

Motor Vehicles

$2,550 total in all vehicles - §704.010

$3,300 in 1 vehicle - 703.140(b)(2)

Tools of the Trade, including Professional Books

$13,475 per employed spouse - §704.060 or $9,700 in one commercial vehicle.

$2,075 §703.140(b)(6)

Jewelry, Heirlooms, Works of Art

$6,750 - §704.040

$1,350 jewelry only - §703.140(b)(4)

Any property selected by debtor-Wild Card-

Not Available

$1,100 plus unused portion of §703.140(b)(1). Can be used for any property. §703.140(b)(5)

Life Insurance Benefits (Incl. endowments & annuities)

Reasonable & Necessary* §704.100(c)

All - §703.140(b)(11)(C)

Life Insurance Loan Values

$10,775 per spouse - §704.100(b)

$11,075 - §703.140(b)(8)

Prosthetics & other Health Aids

Reasonable & Necessary* - 704.050

All - §703.140(b)(9)

Cemetery Plot

All for debtor & Spouse - 704.200(c)

Not Available

Wages earned

75% of last month’s wages - 704.070

Not Available

Vacation Credits

All Public Employees Only - §704.113

Not Available

Social Security Benefits

All - §704.080(e)

All - §703.140(b)(10)(A)

Bank Accounts for Social Security Benefits if Direct Deposit is used

$2,700 if single debtor - $4,050 if joint §704.080(b)(2) All if proven Social Sec.

Not Available

Public Retirement Benefits

All - §704.110(b)

All - §703.140(b)(10)(E)

Private Retirement Benefits

All - §704.115(b)

Reasonable & Necessary* §703.140(b)(10)(E)

Health/Disability Ins. Benefits

All - §704.130

All - §703.140(b)(10)(C)

Personal Injury Payments after Judgment or Settlement

Reasonable & Necessary* - §704.140(d)

$20,725 not including pain & suffering §703.140(b)(11)(D)

Personal Injury Cause of Action

All - §704.140(a)

Not Available

Worker’s Compensation Benefits

All - §704.160

Reasonable & Necessary* - §703.140(b)(11)(E)

Loss of Future Earnings

All - §704.140

Reasonable & Necessary* - §703.140(b)(11)(E)

Unemployment Benefits

All - §704.120

All - §703.140(b)(10)(C)

Relocation Benefits

All - §704.180

Not Available

Veteran’s Benefits

Not Available BUT exempt under Federal Law 38 USC §5301

All - §703.140(b)(10)(B)

Benefits from Wrongful Death Lawsuit

Reasonable & Necessary* §704.150(b)

Reasonable & Necessary* §703.140(b)(11)(B)

Wrongful Death Cause of Action

All - §704.150(a)

Not Available

Child Support/Alimony

Not Available

Reasonable& Necessary* §703.140(b)(10)(D)

Welfare or Charitable Aid

All - §704.170

Not Available

Prisoner Trust Account

$1,350 - §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. FRBP 4003(c).

**11 USC Sec 522 (o) any use of non-exempt funds to increase exempt homestead equity is not exempt where done with intent to defraud creditors (10 year look-back)
11 USC Sec 522 (p) limits maximum homestead to $125,000 if aquired within 1215 days before filing

This summary of two sections of the California Code of Civil Procedure was prepared on January 13, 2003 by Gary Ray Fraley, Esq., founder & owner of California Bankruptcy Attorneys. Updated March 9, 2008. It should not be construed or relied upon as legal advice or analysis and is used solely at the reader’s risk. ©2003-2004