California Bankruptcy Laws
The State of California doesn’t allow a debtor to opt for the federal exemptions. The state exemption limits have to be followed.
California offers the option of two state exemptions – System 1 and System 2
System 1 is beneficial for debtors with a lot of home equity and System 2 offers generous wildcard exemption, which makes it useful for debtors with lots of assets or cash in bank.
California doesn’t allow married couples filing joint bankruptcy, to double their exemption
Homestead
System 1 - Homestead exemption applies to real or personal property where the debtor resides, including condominium, mobile home, community apartment, boat, stock co-operative or planned development.
- Up to $75,000 of home equity if single and not disabled
- $100,000 if living with a family member
- $175,000 if 65 years or older or if physically or mentally disabled
- $175,000 if creditors intend to force sale home and the debtor is either (a) 55 years or older, single and earn under $25,000 per year, or (b) 55 or older, married and earn gross annual income under $35,000.
Motor Vehicle
System 1 – $2,725 of equity in a single car or other vehicle
System 2 – $4,800 in car equity for one or more vehicle
Wages
System 1 - 75% of wages paid within 30 days prior to filing bankruptcy
Tools of trade
System 1- Up to $7,175 for tools, implements, materials, books, uniforms, instruments, one commercial vehicle, equipment, and furnishings total, or
- Up to $14,350 if claimed by both spouses in the same occupation
- Commercial vehicle up to $4,850, or $9,700 if used by both spouses in the same occupation
System 2
Up to $7,175 for tools, books and implements of trade
Personal property
System 1- Jewelry, heirlooms and works of art up to $7,175
- Bank deposits from Social Security payments up to $2,875 for a single payee and $4,300 for married couples (unlimited for separate funds)
- Up to an upper limit of $24,060 is allowed for burial plot, in lieu of homestead
- $24,060 for personal injury recoveries
- Jewelry up to $1,425
- Personal goods, household furnishings, appliances, musical instruments, crops up to $650 per item
Wildcard
Up to $26,925 for any kind of property in System 2
Total or absolute exemptions
- Life insurance proceeds for support
- Un-matured life insurance policies
- Alimony and child support (till necessary)
- Unemployment compensation
- Social Security benefits
- Veterans' and retirement benefits
- Public assistance
- Relocation benefits
- Reparation benefits for Crime victims
- Health and disability insurance benefits
- Partnership property interest
- Prescribed medical aids or tools
- Personal household belongings and apparels
- Institutional aids for higher learning students
- Graveyard expenses including spouse
- Workers’ compensation benefits
Central District of California
Los Angeles (Main Office)
Street Address
United States Bankruptcy Court
Edward R. Roybal Federal Building and Courthouse
255 East Temple Street, Room 940
Los Angeles, CA 90012
Contact Number:
855-460-9641 (Toll Free)
213-894-3118
213-894-4696
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)
Street Address
United States Bankruptcy Court
3420 Twelfth Street
Riverside, CA 92501-3819
Contact Number:
855-460-9641 (Toll Free)
951-774-1000
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)
Street Address
United States Bankruptcy Court
Ronald Reagan Federal Building and
United States Courthouse
411 West Fourth Street
Santa Ana, CA 92701-4593
Contact Number:
855-460-9641 (Toll Free)
714-338-5300
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)
Street Address
United States Bankruptcy Court
Federal Building
1415 State Street
Santa Barbara CA 93101
Contact Number:
855-460-9641 (Toll Free)
805-884-4800
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)
Street Address
United States Bankruptcy Court
Warner Center
21041 Burbank Boulevard
Woodland Hills CA 91367-6609
Contact Number:
855-460-9641 (Toll Free)
818-587-2900
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)
Northern District of California
San Francisco (Main Office)
Street Address
United States Courthouse
235 Pine Street, 19th Floor
San Francisco, CA 94104
Mailing Address
P.O. Box 7341
San Francisco CA 94120-7341
Contact Number:
415-268-2300
415-268-2368
415-268-2302
Working Hours: Monday-Friday
9:00 a.m. to 4:30 p.m.
Street Address
United States Courthouse
1300 Clay Street, 3rd Floor, Suite 300
Oakland, CA 94612
Mailing Address
P.O. Box 2070
Oakland, CA 94604-2070
Contact Number:
510-879-3600 (Toll Free)
510-879-3554
510-879-3556
Working Hours: Monday-Friday
9:00 a.m. to 4:30 p.m.
Street Address
United States Courthouse
99 South “E” Street
Santa Rosa, CA 95404-6517
Contact Number:
707-547-5900
510-879-3554
707-525-8539
Working Hours: Monday-Friday
9:00 a.m. to 4:30 p.m.
Street Address
Robert F. Peckham Federal Building and
United States Courthouse
280 South First Street, Room 3035
San Jose, CA 95113-3099
Contact Number:
408-278-7500
408-535-5118
Working Hours: Monday-Friday
9:00 a.m. to 4:30 p.m.
Eastern District of California
Sacramento (Main Office)
Street Address
United States Courthouse
Robert T. Matsui United States Courthouse
501 I Street, Room 3-200
Sacramento, CA 95814
Contact Number:
916-930-4400
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m.
Street Address
United States Courthouse
1200 I Street, Suite 4
Modesto, CA 95354
Contact Number:
209-521-5160
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m.
Street Address
Robert E. Coyle United States Courthouse
2500 Tulare Street, Suite 2501
Fresno, CA 93721
Contact Number:
559-499-5800
559-498-7217
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m.
Street Address
1300 18th Street, Suite A
Bakersfield, California 93301
Working Hours: Periodical hearings
Southern District of California
San Diego
Street Address
Jacob Weinberger United States Courthouse
325 West F Street
San Diego, CA 92101-6998
Contact Number:
619-557-5620
Working Hours: Monday-Friday
9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)
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