Legal Question in Bankruptcy in California

What is the amount of equity you can keep in your only primary residence, and in automobiles? Or is it just "equity" in general no matter where it is?


Asked on 5/04/10, 9:21 pm

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

California has two different sets of exemptions which can be used in a bankruptcy case, and they have different allowed amounts for various assets. The maximum homestead exemption is $75,000 for a single person; $100,000 for married couple, and $175,000 for elderly or disable persons.

The vehicle exemption is $2,725 or $3,525 depending on which exemption scheme you use. The alternate exemptions scheme (which does NOT have the high homestead exemptions listed above) allows for a "wildcard" exemption in the amount of approximately $21,000 to be used on any assets assuming it has not been used towards a homestead.

This is a complicated area of law and you really need a qualified bankruptcy attorney to evaluate your situation.

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Answered on 5/09/10, 11:38 pm


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