What exemptions can we claim during bankruptcy? 21 Answers as of July 12, 2013

My husband and I are filing for chapter 7 bankruptcy and would like to know which exemption amounts we can double. We assume house hold items would be allowable, but what about vehicles and such?

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Jackson White, PC
Jackson White, PC | Spencer Hale
Everything can be doubled except for the homestead exemption.
Answer Applies to: Arizona
Replied: 6/7/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The amounts vary from state to state. Some states allow you to choose whether to take the state exemptions or the federal exemptions.
Answer Applies to: Washington
Replied: 6/7/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
California Civil Code Section 703 OR 704. You cannot mix and match and must choose one or the other set of exemptions.
Answer Applies to: California
Replied: 6/7/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
You can claim exemptions for your vehicle, household goods and furnishings, jewelry, personal injury settlements if any, homestead exemption in your home if you have some equity and are current in your mortgage. However, there are amount limits to these exemptions. you may look up the limits in the amounts yourselves.
Answer Applies to: Washington
Replied: 6/7/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
You can double vehicles and basically all the exemptions except Household furnishings. You haven't mentioned a homestead, so I assume you don't own a home.In Oregon, the individual homestead is $40,000 and the couples joint homestead is $50,000.
Answer Applies to: Oregon
Replied: 6/7/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The exemptions that you claim will depend on the type of property you have. You have a choice in California of either 703 or 704 exemptions. 704 is used if you want to protect your home. 703 is used if you don't have a home. Be careful with this because once you file, the court essentially takes control of all your property and if it urns out you can't exempt something you could lose that asset. The court will generally not let you dismiss your case if this occurs.
    Answer Applies to: California
    Replied: 6/7/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Exemptions available to you depend on where you reside when you file bankruptcy and how long you've been in that particular state/jurisdiction. Some states do not allow doubling of exemptions and exemption amounts for household goods and vehicles vary greatly. You should seek advice from local bankruptcy counsel.
    Answer Applies to: Indiana
    Replied: 6/6/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    Exemptions are related directly to whether your state follows the general federal guidelines or is an "opt-out" state. An opt-out state, like California, will have it's own exemption lists. In California a debtor can decide between section 704 and 703. 704 allows a debtor to exempt up to $100,000 through a homestead exemption. This exemption is great for a debtor that has over $23,000 in equity in the principle residence. Section 703 allows a debtor to take a nearly $25,000 wild card and apply it to personal property. Normally a state will also have a specific exemption for an automobile, but the exemption is not very much.
    Answer Applies to: California
    Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Most exemptions are not doubled for a couple. Two exceptions are health aids and tools of the trade.
    Answer Applies to: California
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The fact you posted this question makes it sound like you are about to make a catastrophic mistake - filing pro se. Do NOT. That can be a disaster and you may lose assets or not get a discharge due to not understanding the law. Since we do not know what state you are in, and exemptions are different in each state we cannot tell you what you can exempt. Part of what a good lawyer will do is to use certain exemptions that are flexible, such as the wildcard and unused homestead, in a way to maximize protecting property. It is very technical and you will get it wrong if you do it without counsel.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Law Offices of Lawrence J. Marraffino, P.A.
    Law Offices of Lawrence J. Marraffino, P.A. | Lawrence J. Marraffino
    The personal property and auto exemptions can be doubled. Some of the other exemptions have no limit.
    Answer Applies to: Florida
    Replied: 6/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If you are in California and assuming the the California exemptions apply to your case then you need to review Sections 703 and 704 of the Calfiornia Code of Civil Procedure. There are also some federal exemptions that may be applicable in your case for some types of property such as 401K and other retirement plans. Good luck understanding the exemptions laws. They are very complex. I guess you are contemplating not hiring a lawyer for your bankruptcy case. That is not wise but if you decide to do the case yourself make sure you fully understand the available exemptions in your case and how they can be applied in your case because any property your are not able to exempt can be taken by the Trustee and sold to pay creditors.
    Answer Applies to: California
    Replied: 6/7/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Most cases involve the exemption of up to $21K of personal property under the "Wild Card." So if you have anything up to $21K (minus loans), then you are good. There is also the homestead exemption, which varies depending on your marital status. Best to consult a good attorney on these issues. Brian Nomi
    Answer Applies to: California
    Replied: 6/7/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    That depends on what state you have lived in for the last 720 days. I'm only licensed in California. You need to see a lawyer where live to figure that out.
    Answer Applies to: California
    Replied: 6/6/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You need the advice of a bankruptcy lawyer for that.
    Answer Applies to: California
    Replied: 7/12/2013
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    See CCCP 703 and 704 for list of California exemptions.
    Answer Applies to: California
    Replied: 6/6/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    What exemptions you can double in a joint bankruptcy petition will depend on what jurisdiction you are in and whether you are using the Federal exemptions or state exemptions. Vehicle and wild card exemptions may be doubled when using the Federal exemptions.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You need to check the exemption codes for your state, which are easy to find.
    Answer Applies to: California
    Replied: 6/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Exemptions depend on the state where you live. Generally, in most states a husband and wife are considered one person for exemption purposes, so you cannot "double up" because of two people filing one petition.
    Answer Applies to: California
    Replied: 6/6/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Exemptions laws vary from state to state. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
    Answer Applies to: California
    Replied: 6/6/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Each state has its own laws. The bankruptcy action website has a good short summary.
    Answer Applies to: Virginia
    Replied: 6/6/2011
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