With this article we will explain the application of the California bankruptcy laws and its exemptions; laws and how they work. These California bankruptcy laws are taken from federal bankruptcy laws, title 11 of the United States Code.
Melisa Jackson is a former client of Personal Bankruptcy Avoidance, and she was wondering about some issues with the California bankruptcy laws, thus Martin Rogers, our specialist in bankruptcy will help her with this interesting topic.
How are the California bankruptcy laws organized?
The California State is divided into four (4) bankruptcy districts with four (4) bankruptcy courts named after each district. These courts are:
- California Eastern bankruptcy court
- California Northern bankruptcy court
- California Southern bankruptcy court
- California Central bankruptcy court
How does the state of California deal with bankruptcy?
California bankruptcy laws allow people to pay secured loans; letting the owners of the property recover and sell it at the normal market price after paying the whole debt. People can find the California bankruptcy laws exemptions in the exemptions chart.
California bankruptcy laws accept different kinds of exemptions. There are two systems, 1 and 2. Every costumer has the right to choose which one suits them best.
How do California bankruptcy exemptions help people?
As I mentioned before, California bankruptcy laws accept different kinds of exemptions; system 1 and system 2. By using system 1, people receive exemptions in homestead as follows amounts:
- From around $45,000 to 49,000 if the person is single and is not disable in any way
- From around $72,000 to 74,000 for families, and
- From around $122,000 to 124,000 for senior citizens
people also receive exemptions in personal properties as follows
- Bank deposits up to $1,900
- Buildings materials up to $1,900
- Motor vehicles up to $1,900
And other belongings that go up to $4,800. System 1 also covers all types of insurances, pension plans and official benefits such as health aid and compensations. System 1 also covers wages of a minimum of 75%.
California bankruptcy law System 2 is more different than System 1 because it differs in some exemptions: homestead to $17,500 for all classes, motor vehicle to $2,800, personal benefits to $17,500 and pension benefits (only the ones qualified by ERISA) and this one goes up to $915.
Anybody living in the State of California can make use of the California bankruptcy laws?
According to the new California bankruptcy law that has taken effect on October 2005, anybody who wants to take advantage or make use of the California bankruptcy exemptions, must prove to the state that he or she has lived for as long as two years as a permanent resident in the state of California. The person must have resided for that period before filing for bankruptcy. Otherwise the person has to spend the 180 days prior to the two year period.
The 2005 Bankruptcy Act within the California bankruptcy laws states that it is required that all individual debtors who file bankruptcy on or after October 17, 2005, undergo credit counseling within six months before filing for bankruptcy relief and complete a financial management instructional course after filing bankruptcy.
Martin, what are the mandatory conditions to file for bankruptcy based on the California bankruptcy laws?
On a previous article of mine titled "Bankruptcy, Way Out or Deep Problem", a previous client of mine asked the same question in order to know if he should consider filing for bankruptcy as a solution to his financial situation, this is what I answered him:
"When you start thinking about filing for personal bankruptcy you should live in a state for 90 days preceding the filing and you should have less than $ 290,000 on total unsecured debt or less than $ 860,000 on secured debt. In October 2005 the new bankruptcy law went into effect and established that consumers who earn less than the minimum wage could still file for Chapter 7 personal bankruptcy. But people, who earn more than that, need to apply for Chapter 13 bankruptcy type. This one requires a repayment plan."