Exemptions. Funny word, right?  Exemptions in bankruptcy are assets considered by the law to be necessities of life.  Exempt assets are things you keep when you file chapter 7 bankruptcy whereas non-exempt assets can be taken and sold for the benefit of your creditors.  Most people considering chapter 7 bankruptcy in Contra Costa County have some general idea about what the system will allow them to keep.  The trouble is, most people are wrong!  Many people assume they will not be allowed to keep a car.  Others assume the judge will come to their house to inventory their clothes.  The law is clear, people just need to know their rights.  To begin, chapter 7 is the most common type of bankruptcy and is also the strictest.  The exemption laws in California give people filing chapter 7 bankruptcy two options:

Option One – Wildcard or 703 Exemptions

These exemptions are generally selected for people who do not own a home, or for homeowners with little or no equity in their home.  These exemptions are commonly referred to as the “703” Exemptions, a term derived from the number of the Code section in the California Code of Civil Procedure in which they are enumerated (C.C.P. §703.140). It is also commonly referred to as the “Wildcard” Exemption, getting its name from the fact that §703.140(b)(5) allows for the protection of miscellaneous personal property as discussed below.

1. Miscellaneous Personal Property (“Wildcard”) – Up to $33,650 (amount as of Jan 1, 2023) in any property owned. If you do not own a home or have no equity in your home, then the Wildcard exemption will protect up to $33,650 worth of your assets. Importantly, the Wildcard exemption may be combined with the other categorized exemptions below, such as the vehicle exemption, for example, in order to protect a car worth far more than the vehicle exemption would otherwise allow.
2. Household Goods and Furnishings (for example clothing, furniture, appliances, books, instruments, sporting goods, etc.) – are protected.
3. Jewelry – Up to $1,900 is protected.
4. Motor Vehicle(s) – Up to a total of $7,500 for one or more vehicles. As noted above, if the value of your vehicle exceeds this amount, or you have multiple vehicles, generally you can use some portion of the Wildcard exemption to protect the remaining value of the vehicles.  Also note, with a vehicle that is not paid for, only the equity in the vehicle, if any, must be exempted.
5. Public Benefits – Benefits offered by the government such as Unemployment, Social Security, Disability, Public Welfare, and Veteran’s benefits are exempt.
6. Life Insurance with a Cash Surrender Value (often called “whole life” or “Universal Life”) – Up to $17,075 in cash value.  Cash value is defined as the amount that can be redeemed while the owner or the insured is alive.  Conversely, the death benefit is a much higher amount payable only on death.  Bankruptcy and exemptions are unrelated to death benefit amounts.
7. Tools of the Trade (implements, professional books, tools, other things used for your occupation) – Up to $9,525.
8. Retirement Accounts – These are exempt in their entirety so long as the retirement is an IRA or an employer sponsored plan like a union pension, 401(k), or 403(b).  Self-employment retirement plans like Keogh plans, SEP IRAs and the like are subject to special rules.

Option Two – Homestead or 704 Exemptions

These exemptions are commonly known as the “Homestead Exemption” because the majority of people using these exemptions do so to protect the equity in their home.

1. Homestead – Covers equity in a primary residence of up to $678,000 in most cases.
2. Motor Vehicle – Up to $7,500 in one or more vehicles.
3. Jewelry, Heirlooms, and Art – Up to $9,525 combined value for all items.
4. Tools of the Trade – Assets used in a person’s (or their spouse’s) trade, business, or profession – Up to $9.525, unless both spouses are engaged in business, then $19,050. Note, however, that a commercial motor vehicle is limited to  $4,850; or $9,700 for married couples.
5. Life Insurance with a Cash Surrender Value (for example “whole life” or “Universal life”) – Up to $15,250 or $30.500 if a husband and wife file bankruptcy together.
6. Public Benefits – Benefits including Unemployment, Social Security, Disability, Welfare, and Veteran’s benefits are exempt with no monetary limit.
7. Retirement Accounts – Are exempt in their entirety so long as the retirement is an IRA or an employer sponsored plan like a union pension, 401(k), or 403(b).  Self-employment retirement plans like Keogh plans, SEP IRAs and the like are subject to special rules.

The exemption laws are complicated and this is a general description.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free consultation.  Offices in Walnut Creek, Antioch and Hercules

Bankruptcy attorney Michael Primus says, “The single most common triggering event for a personal bankruptcy is a wage garnishment.” A wage garnishment is a court order requiring money to be taken directly out of a person’s paycheck and paid to a creditor.  In Contra Costa County, many people live paycheck to paycheck and need every nickel.  Fortunately, bankruptcy can stop a garnishment. So, whether you live in Antioch, Brentwood, Oakley, Martinez, Concord, Richmond, or Hercules, you have rights!

Filing personal bankruptcy, whether Chapter 7 or Chapter 13, gives a person immediate protection from most creditors.  This protection is called the Automatic Stay and it stops foreclosures, collection lawsuits, wage garnishments (except for child support or alimony), and certain other collection activities.

When one of my Contra Costa County bankruptcy clients is having their wages garnished, the same day my office files a bankruptcy we immediately send fax notifications.  We inform the creditor and the sheriff of the bankruptcy, and let them know the garnishment must stop immediately!  We demand prompt compliance with the law.  Ideally, not another dollar would be garnished from our client’s paychecks.

Unfortunately, stopping a wage garnishment can take a few days.  Many employers are reluctant to comply until they confirm with the sheriff’s office that the wage garnishment must be stopped.  The sheriffs’ offices, like so many public services, are understaffed.  Therefore it may take a couple days for the sheriff’s office to communicate with the employer.  Polite and persistent is the key to getting results with the sheriff’s office.  The creditor is ultimately responsible for the garnishment and must return any money garnished after bankruptcy.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have been sued or are having your wages garnished due to a civil judgment, bankruptcy can help.

Call now for a free in office consultation regarding bankruptcy.  Offices in Walnut Creek, Antioch and Hercules.