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California law

Bankruptcy Laws in California.

Bankruptcy is governed by federal law, but California determines which property exemptions apply. California is unique in offering two alternative exemption systems — filers must choose System 1 or System 2 but cannot mix them. System 1 offers a generous homestead exemption (up to $600,000), while System 2 offers a larger wildcard exemption and is often better for renters. California does not allow the federal bankruptcy exemptions.

Last verified: 2026-02-25

State law

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Means Test

Chapter 7 filers must pass a means test comparing their income to California's median income. California's median is among the highest in the nation due to the high cost of living.

State law

Key California Statutes

Homestead Exemption (System 1)Cal. Civ. Proc. Code § 704.730

Protects the greater of $300,000 or the countywide median sale price of a single-family home, up to a maximum of $600,000. This is one of the most generous homestead exemptions in the country.

System 2 Exemptions (Wildcard)Cal. Civ. Proc. Code § 703.140(b)

System 2 mirrors the federal exemption structure with a smaller homestead exemption but a larger wildcard exemption that can be applied to any property. Often preferred by renters or those with little home equity.

Personal Property Exemptions (System 1)Cal. Civ. Proc. Code § 704.010–704.210

Protects household furnishings, clothing, appliances, one motor vehicle (up to a set equity amount), tools of trade, and personal effects necessary for daily life.

Retirement Account ExemptionsCal. Civ. Proc. Code § 704.115

Private retirement plans including IRAs, 401(k)s, pensions, and other qualified plans are exempt from creditors to the extent necessary to provide for the debtor's retirement.

Wage Garnishment LimitsCal. Civ. Proc. Code § 706.050

California limits wage garnishment to the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 40 times the state minimum wage — often more protective than federal limits.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in California.

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