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Updated: 2021-03-10 by
Federal "non-bankruptcy" exemptions are available in every state
You are entitled to use so-called federal "non-bankruptcy" exemptions in addition to your state law exemptions.
Non-bankruptcy exemptions are those exemption provisions of U.S. law that are NOT part of the bankruptcy code section section 522(d).
The four most significant non-bankruptcy exemptions are for
- Wages (a general cap on what percentage of your wages can be garnished),
- Social Security benefits,
- Civil Service benefits,
- Veterans Benefits
Other so called "non-bankruptcy" exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially-regulated labor markets such as railroad workers, seamen, and longshoremen.
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Federal bankruptcy law has its own list of exemptions 11 U.S.C. § 522, but some states require you to use only the state law exemptions instead, while other states offer a choice of the state or federal exemptions. Find out what California does.
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