Bankruptcy Exemption Citations
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The only transferable interest of a partner in the
partnership is the partner's share of the profits and losses of the
partnership and the partner's right to receive distributions. The
interest is personal property.
In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - The amount of the homestead exemption is the greater of the following:
(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*).
(2) Three hundred thousand dollars ($339,196*).
(* adjusted annually for inflation, beginning on January 1, 2022.
Cal. Civ. Proc. Code § 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). CCPC § 703.130.
In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code § 522(d).
Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
Cal. Civ. Proc. Code § 703.140 (b)(1) - Real or personal property, including co-op, used as residence to $31,950; unused portion of homestead may be applied to any property
Cal. Civ. Proc. Code § 704.050 (b) - Motor vehicles to $7,500, or $7,500 in auto insurance for loss or damages for 90 days (husband and wife may not double). Vehicle modifications for health aids exempt.
Cal. Civ. Proc. Code § 704.060 - Tools, implements, materials, instruments, uniforms, books, furnishings, & equipment to $9,525 total ($19,050 total if used by both spouses in same occupation);
Commercial motor vehicle to $4,850 ($9,700 if used by debtor and spouse in same trade)
Cal. Civ. Proc. Code § 704.060 - Commercial vehicle (Vehicle Code § 260) to $4,850 ($9,700 total if used by both spouses in same occupation)
Cal. Civ. Proc. Code § 704.080 - Bank deposits from Social Security Administration to $3,825 ($5,725 for husband and wife); unlimited if SS funds are not commingled with other funds Bank deposits of other public benefits to $1,900 ($2,825 for husband and wife)
Cal. Civ. Proc. Code § 704.720 - The amount of the homestead exemption is the greater of the following:
(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*).
(2) Three hundred thousand dollars ($339,196*).
(* adjusted annually for inflation, beginning on January 1, 2022.
Cal. Civ. Proc. Code § 704.730 - The amount of the homestead exemption is the greater of the following:
(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*).
(2) Three hundred thousand dollars ($339,196*).
(* adjusted annually for inflation, beginning on January 1, 2022.
Cal. Civ. Proc. Code § 703.150 (c) - The amount of the homestead exemption is the greater of the following:
(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*).
(2) Three hundred thousand dollars ($339,196*).
(* adjusted annually for inflation, beginning on January 1, 2022.
Cal. Civ. Proc. Code § 704.010 - Motor vehicles to $7,500, or $7,500 in auto insurance for loss or damages for 90 days (husband and wife may not double). Vehicle modifications for health aids exempt.
Cal. Civ. Proc. Code § 704.225 - Deposit accounts to the extent necessary for the support of the judgment debtor, as well as the judgment debtor’s spouse and dependents.
Cal. Civ. Proc. Code § 704.710 - The amount of the homestead exemption is the greater of the following:
(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*).
(2) Three hundred thousand dollars ($339,196*).
(* adjusted annually for inflation, beginning on January 1, 2022.
Cal. Civ. Proc. Code § 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
Cal. Civ. Proc. Code § 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
Cal. Civ. Proc. Code § 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
Conn. Gen. Stat. Ann. § 52-352d - Farm partnership animals and livestock feed reasonably required to run farm where at least 50% of partners are members of same family