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Does California allow to use federal exemptions?

Can I Use the Federal Bankruptcy Exemptions in California?

Federal bankruptcy law has its own list of exemptions 11 U.S.C. § 522, but some states require you to use the state exemptions instead, while others offer a choice.

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Connect With a California Bankruptcy Attorney

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Updated: 2021-01-26 by

When bankruptcy law was first modernized 50 years ago, the proposal was to have a federal list of bankruptcy exemptions apply uniformly across all 50 states. Many states objected to this idea, because state collection law had traditionally ruled that issues of collections and "asset protection" were matters of state, not federal law. So a compromise was struck, that allows states to "opt out" of the federal bankruptcy exemptions. 

Every state has a list of exemptions that protect specific types and amounts of property from collections on judgements within that state.

 

 

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Connect With a California Bankruptcy Attorney

Enter Your Zip Code or Call (855) 410-1378 to Connect with a Lawyer In Your Area

Automatically apply the Kern County expense standards, and California income standards to your means test calculation.

ADVERTISEMENT

Connect With a California Bankruptcy Attorney

Enter Your Zip Code or Call (855) 410-1378 to Connect with a Lawyer In Your Area

ADVERTISEMENT

Connect With a California Bankruptcy Attorney

Enter Your Zip Code or Call (855) 410-1378 to Connect with a Lawyer In Your Area

Bakersfield, CA: Law