Bankruptcy promises a fresh start—and it works. You'll straighten out your finances and keep the things you need to work and live. But California "exemption laws" protect essential property only, not unnecessary luxury goods. To prevent a costly property loss, you'll want to learn about:
The information below will help. Also, try our ten-question bankruptcy quiz—it flags areas you'll want to look into further with a local bankruptcy lawyer.
Bankruptcy is a federal process, so it works the same way in every state. However, you'll use California state law to protect your property. Although most states don't allow filers to choose bankruptcy exemptions, California filers are fortunate because the state offers two choices—you'll find both below. You'll want to review each list carefully and compare it to the property you own because you can't use exemptions from both lists. You can also use the federal nonbankruptcy exemptions along with the state sets.
To help you make an informed choice, we've charted both California exemption sets and explained the essential differences. You'll also find links that will take you to the California statutes and a list of the federal nonbankruptcy exemptions available to you.
California's 703 exemptions work best for people who don't own a home or have little to no home equity. Not only can most people protect all household basics, but this exemption set provides a generous wildcard exemption you can use to protect anything of your choosing, including luxury items not usually covered in bankruptcy. For instance, if you own an expensive car outright, have banked a nest egg, or have a valuable collection but don't own much else, you'll likely lean toward the 703 exemptions.
By contrast, California's 704 exemptions work well to protect a significant amount of home equity, all household basics, personal injury actions, and equipment needed in a family business. In exchange, filers can't keep luxury items like a boat, RV, or fancy car. But the jewelry, heirlooms, and art exemptions are very generous.
Keep in mind that our California bankruptcy exemption analysis is for illustration purposes only and won't apply in all cases. A bankruptcy lawyer will be in the best position to help you protect your assets in bankruptcy.
California 703 Bankruptcy ExemptionsAmounts adjust on April 1, 2025. Spouses cannot double exemptions. |
California 704 Bankruptcy ExemptionsAmounts adjust on April 1, 2025. Spouses cannot double exemptions unless noted. |
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Homestead Exemption |
CCP § 703.140(b)(1) |
CCP § 704.730 |
Motor Vehicle Exemption |
CCP § 703.140(b)(2) |
CCP § 704.010 |
Tools of the Trade Exemption |
CCP § 703.140(b)(6) |
CCP § 704.060 |
Wildcard Exemption |
CCP § 703.140(b)(5) |
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Personal Property Exemptions |
CCP §§ 703.140(b)(3),(4),(9) - (11) |
CCP §§ 704.020 - 704.050; 704.070; 704.080; 704.090; 704.113; 704.140; 704.150; 704.200; 704.230 |
Retirement Account Exemptions |
Mich. Comp. Laws §§ 600.6023(1)(j),(k); 11 U.S.C. § 522 |
CCP §§ 704.010; 704.115 |
Public Benefit Exemptions |
CCP §§ 703.140(b)(10),(11) |
CCP §§ 704.105; 704.120; 704.160 - 704.190 |
Insurance Benefit Exemptions |
CCP §§ 703.140(b)(7),(8),(10),(11) |
CCP §§ 704.010 - 704.130; 704.170 |
Available Federal Exemptions |
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Statutes |
This list is not exhaustive—more California exemptions exist. As with all exemptions, be sure to check for current amounts and qualification requirements. Keep reading to learn what will happen to property you can't protect with an exemption.
It will depend on the chapter you file. In Chapter 7 bankruptcy, you lose property not covered by an exemption. The bankruptcy trustee responsible for managing your case will sell the property for the benefit of your creditors. In Chapter 13 bankruptcy, you can keep all of your property; however, that luxury comes at a price—literally. You'll pay your creditors the value of any property not covered by an exemption in your Chapter 13 repayment plan.
For example, say you own a car outright worth $3,000, and your state has a vehicle exemption of up to $5,000. Here's what would happen in each chapter.
Keep in mind that these examples don't take into account a vehicle loan. You'll find more information below.
Many people wonder if they can wipe out a home mortgage or car loan and keep the property without paying anything more. The simple answer is "No." Protecting the equity with an exemption will keep the Chapter 7 trustee from selling it, and you won't have to pay extra to keep it in Chapter 13, but there are more steps to take.
First, in a Chapter 7 case, the mortgage or car payment will need to be current. Second, you'll need to be able to continue to make the payment. Why? Because when you purchased it, you gave the lender a property "lien." The lien created a secured debt that allows the lender to take back the property if you don't pay as agreed—even in bankruptcy. So if you're behind on the payment and file for Chapter 7, you'll lose the property. Instead, consider catching up on arrearages in Chapter 13.
For more information, read about how mortgages work in bankruptcy and how to file for bankruptcy without losing a car.
It's tempting to move to a state with significantly more generous bankruptcy exemptions when filing for bankruptcy. But it likely won't do much good. To prevent people from abusing the system, California filers must live in the state for at least two years—otherwise, they must use the previous state's exemptions. Here's how it works.
Did you get that? If not, here's a way to figure it out. Count back two-and-a-half years. Then ask yourself where you lived the longest during the first six months of that two-and-a-half-year period.
Still confused? Let's try an example. Suppose you planned to file on January 1, 2022. Your two-and-a-half-year period would start July 1, 2019, and you'd qualify to use the exemptions of whichever state you resided in the most during the July 1, 2019, through December 31, 2019 period. You wouldn't have to file your case there, but you'd use that state's exemptions. Hopefully, that helps!
Find out more in Chapter 7 Homestead Exemption in Bankruptcy.
Bankruptcy is an unusual area because it's essentially a qualification process. The laws provide instructions for completing a 50- to 60-page bankruptcy petition, and because all rules apply in every case, you can't skip a step.
One way to keep track of your research is to use the bankruptcy forms as an outline. You'll find links to the exemption-related bankruptcy forms and other exemption resources in the chart below. You can also look at the list of Chapter 7 and 13 bankruptcy forms to see where this topic fits in the bankruptcy scheme. And this handy bankruptcy document checklist will help you gather the things you'll need to complete the petition.
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We want to help you find the answers you need. Go to TheBankruptcySite for more easy-to-understand bankruptcy articles, or consider buying a self-help book like The New Bankruptcy by Attorney Cara O'Neill.
We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by consulting with a local bankruptcy lawyer.
Updated April 5, 2022
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