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TYPE OF PROPERTY
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REGULAR EXEMPTION
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SPECIAL EXEMPTION
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- Principal Residence (including mobile homes, houseboats & all outbuildings on same property)
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- $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)
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- $18,675 in any real property §703.140(b)(1)
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- Material to repair or improve residence
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- Household Goods, Appliances, Clothes & Personal Items
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- Reasonable & Necessary* §704.020
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- $475 per item with no maximum §703.140(b)(3)
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Motor Vehicles
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$2,300 total in all vehicles - §704.010
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$2,975 in 1 vehicle - 703.140(b)(2)
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Tools of the Trade, including Professional Books
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$6,075 per employed spouse - §704.060 or $4,850 in one commercial vehicle.
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$1,875 §703.140(b)(6)
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Jewelry, Heirlooms, Works of Art
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$6,075 - §704.040
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$1,225 jewelry only - §703.140(b)(4)
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Any property selected by debtor-Wild Card-
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Not Available
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$1,000 plus unused portion of §703.140(b)(1). Can be used for any property. §703.140(b)(5)
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Life Insurance Benefits (Incl. endowments & annuities)
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Reasonable & Necessary* §704.100(c)
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All - §703.140(b)(11)(C)
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Life Insurance Loan Values
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$9,700 per spouse - §704.100(b)
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$9,975 - §703.140(b)(8)
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Prosthetics & other Health Aids
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Reasonable & Necessary* - 704.050
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All - §703.140(b)(9)
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Cemetery Plot
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All for debtor & Spouse - 704.200(c)
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Not Available
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Wages earned
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75% of last month’s wages - 704.070
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Not Available
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Vacation Credits
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All Public Employees Only - §704.113
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Not Available
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Social Security Benefits
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All - §704.080(e)
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All - §703.140(b)(10)(A)
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Bank Accounts for Social Security Benefits if Direct Deposit is used
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$2,425 if single debtor - $3,650 if joint §704.080(b)(2) All if proven Social Sec.
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Not Available
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| Public Benefits |
All - §704.080(e) |
All - §703.140(b)(10)(A) |
| Bank Accounts for Public Benefits if Direct Deposit is used |
$1,225 if single debtor - $3,650 if joint §704.080(b)(2) All if proven Public Benefits. |
Not Available |
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Public Retirement Benefits
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All - §704.110(b)
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All - §703.140(b)(10)(E)
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Private Retirement Benefits
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All - §704.115(b)
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Reasonable & Necessary* §703.140(b)(10)(E)
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Health/Disability Ins. Benefits
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All - §704.130
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All - §703.140(b)(10)(C)
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Personal Injury Payments after Judgment or Settlement
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Reasonable & Necessary* - §704.140(d)
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$18,675 not including pain & suffering §703.140(b)(11)(D)
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Personal Injury Cause of Action
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All - §704.140(a)
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Not Available
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Worker’s Compensation Benefits
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All - §704.160
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Reasonable & Necessary* - §703.140(b)(11)(E)
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Loss of Future Earnings
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All - §704.140
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Reasonable & Necessary* - §703.140(b)(11)(E)
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Unemployment Benefits
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All - §704.120
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All - §703.140(b)(10)(C)
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Relocation Benefits
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All - §704.180
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Not Available
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Veteran’s Benefits
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Not Available BUT exempt under Federal Law 38 USC §5301
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All - §703.140(b)(10)(B)
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Benefits from Wrongful Death Lawsuit
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Reasonable & Necessary* §704.150(b)
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Reasonable & Necessary* §703.140(b)(11)(B)
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Wrongful Death Cause of Action
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All - §704.150(a)
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Not Available
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Child Support/Alimony
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Not Available
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Reasonable& Necessary* §703.140(b)(10)(D)
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Welfare or Charitable Aid
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All - §704.170
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Not Available
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Prisoner Trust Account
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$1,225 - §704.090
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Not Available
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*”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).
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 May 8, 2004. It should not be construed or relied upon as legal advice or analysis and is used solely at the reader’s risk. ©2003-2004
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