Legal Question in Bankruptcy in California

California Bankruptcy

List of exemptions was updated in January 2009. What is the difference between System 1 and System 2. I have about a 100,000 in real property equity. I am over 55 and disabled. Should I use 704.730? Which System is better for Chapter 7?

Thank you in advance


Asked on 7/06/09, 8:21 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: California Bankruptcy

Generally, one can exempt more equity in a home using the 704 series rather than the 703 series.

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Answered on 7/06/09, 8:39 pm
David Gibbs The Gibbs Law Firm, APC

Re: California Bankruptcy

Attorney Cohen is correct, however, you need to look at all of your assets, and perform an analysis of what system provides you overall with the greatest protection for all of your assets. If your home and its equity is the single largest asset you have, then Attorney Cohen is correct, but make sure you examine all of your assets and each set of exemption laws before you file.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/07/09, 12:24 pm


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