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11 U.S.C 522 and California System 2

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    11 U.S.C 522 and California System 2

    Schedule C asks to chose between 11 U.S.C. 522(b)(2) and 11 U.S.C. 522(b)(3)

    Pulling the law as per this link, http://doney.net/bkcode/11usc0522.htm
    The exemption system reads
    (3) The debtor's interest, not to exceed $400 [$525 effective 4-1-07. Adjusted every 3 years by section 104.] in value in any particular item or $8,000 [$10,775 effective 4-1-07. Adjusted every 3 years by section 104.] in aggregate value, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.

    This reads basically the same as the California system 2 except for the "aggregate value"... anyone has any input as why the aggregate value is not listed on CA system 2??
    Is it because they evaluate on a "case by case" basis?
    Because furniture and household items (if not antiques) are exempt no matter what the total value?
    Or because all you can exempt is $525 of furniture? (seems impossible...)

    #2
    Anyone?

    Comment


      #3
      I have the same questions. Some links say 425 per item some say 525 per item. Sounds like that each item to me, not total furniture. Any input folks?
      Going to my first paying appointment to see attorney tonight. I'll ask him.

      Comment


        #4
        Check 11 U.S.C. 522 (b)(3)

        In California only 11 U.S.C. 522(b)(3) is allowed.

        California Code of Civil Procedure (CCP) 703.130 states:
        Pursuant to the authority of paragraph (1) of subsection
        (b) of Section 522 of Title 11 of the United States Code, the
        exemptions set forth in subsection (d) of Section 522 of Title 11 of
        the United States Code (Bankruptcy) are not authorized in this state.

        11 U.S.C. 522(b)(2) states:
        (2) Property listed in this paragraph is property that is specified under subsection (d), unless the State law that is applicable to the debtor under paragraph (3)(A) specifically does not so authorize.

        California specifically does not so authorize.

        The exemptions such as CCP 703.140(b)(1-3) have been raised to $21,825 to apply to anything (starting with a residence if any), $3,300 for a car, clothing or furniture up to $525 per item, etc. If anything is of greater value, the excess can be covered by using part of the $21,825.
        Last edited by bk71113; 04-23-2009, 06:14 PM. Reason: add exemption

        Comment

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