What are bankruptcy exemptions in California?
California has the most generous and complex bankruptcy exemption framework in the country, with two parallel state systems.
1. Opt-Out State
California opted out of federal bankruptcy exemptions under 11 U.S.C. § 522(b)(2). Debtors must choose one of two California systems — and cannot mix and match.
2. System 1 — CCP § 704 (the "Homeowner Exemptions")
Best for debtors with significant home equity. Key exemptions (2024):
3. System 2 — CCP § 703 (the "Wildcard System")
Best for renters or those with little home equity. Key exemptions (2024):
4. Choosing Between Systems
5. Domicile Requirement
Per 11 U.S.C. § 522(b)(3), you must have lived in California for 730 days (2 years) before filing to use California exemptions. Otherwise, use the state where you lived the majority of the 180 days before that 730-day period.
6. Indexing
Both systems adjust amounts every 3 years under CCP § 703.150.
This is legal information, not legal advice.
- Your home equity falls between the two systems and the choice affects which assets you keep
- You haven't lived in California for 730 days and may be stuck with another state's exemptions
- You have significant non-exempt assets that may be used to pay creditors
- Cal. CCP § 703.140
- Cal. CCP § 704.010
- Cal. CCP § 704.060
- Cal. CCP § 704.115
- Cal. CCP § 704.730
- 11 U.S.C. § 522(b)(3)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.