| 1 | | - | Senate Bill No. 1099 CHAPTER 716 An act to amend Section 2983.3 of the Civil Code, to amend Sections 703.140, 704.010, 704.050, and 704.113 of, and to add Section 704.111 to, the Code of Civil Procedure, and to amend Section 22329 of the Financial Code, relating to bankruptcy. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1099, Wieckowski. Bankruptcy: debtors.(1) Existing law prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyers obligations under the contract.This bill would provide that neither the act of filing a bankruptcy petition by the buyer or other person liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(2) Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. Existing law provides that these general exemptions are applicable in a federal bankruptcy case regardless of whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions.This bill would provide that, in a federal bankruptcy case, the value of the property claimed as exempt and debtors general and alternative exemptions with respect to such property shall be determined as of the date the bankruptcy petition is filed. The bill would provide that, in a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.Existing law authorizes spouses who jointly file a bankruptcy petition to elect jointly to utilize the general exemptions or the alternative exemptions, but not both. Existing law provides that, if a bankruptcy petition is filed individually, and not jointly, for a spouse, the general exemptions are applicable, except that, if both of the spouses waive in writing the right to claim, during the period the bankruptcy case is pending, the general exemptions, then they may elect to utilize the alternative exemptions.This bill would provide that a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the bankruptcy petition is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead, as specified.Existing law includes an alternative exemption for the debtors right to receive benefits, compensation, alimony, support, separate maintenance, and a payment under certain plans or contracts, as specified.This bill would add an alternative exemption for the debtors right to receive the aggregate interest, not to exceed $7,500, in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined.Existing law includes alternative exemptions for the debtors right to receive, or property that is traceable to, an award under a crime victims reparation law and various payments, including a payment on account of the wrongful death of an individual of whom the debtor was a dependent, a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individuals death, a payment on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent, and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent to the extent reasonably necessary for the support of the debtor and a dependent of the debtor.This bill would add an alternative exemption for a payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, and a dependent of the debtor. The bill would make the exemption for payment on account of a wrongful death and payment under a life insurance contract applicable, as well, to a payment regarding an individual of whom the debtor was a spouse. The bill would make the exemption for payment on account of personal bodily injury applicable, as well, to a payment on account of personal bodily injury of the debtors spouse. The bill would make the exemption for a payment in compensation of loss of future earnings applicable, as well, to a payment regarding an individual of whom the debtor is or was a spouse, and would provide that the exemption applies, as well, to the extent reasonably necessary for the support of the debtors spouse.Existing law exempts any combination of the aggregate equity in motor vehicles, the proceeds of an execution sale of a motor vehicle, and the proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle in the amount of $3,325. Existing law includes an alternative exemption not to exceed $5,850 in value for the debtors interest in one or more motor vehicles.This bill would increase the amounts of the general and alternative exemptions for motor vehicles to $7,500.Existing law includes a general exemption for health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, and an alternative exemption for professionally prescribed health aids for the debtor or a dependent of the debtor.This bill would provide that a vehicle converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability, is a health aid under the general exemption and a professionally prescribed health aid under the alternative exemption. The bill would provide examples of conversions of a vehicle for use by a person who has a disability. The bill would make the alternative exemption applicable, as well, to professionally prescribed health aids for the debtors spouse.Existing law includes an alternative exemption for the debtors right to receive alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.This bill would add a general exemption matching the existing alternative exemption.Existing law provides that vacation credits, as defined, are exempt from enforcement of a money judgment without making a claim.This bill would expand this general exemption to include, in addition, accrued or unused vacation pay, sick leave, or family leave. The bill would limit the exemption to the aggregate interest, not to exceed $7,500, and would delete the provision exempting the property without making a claim.(3) Existing law provides that, in the absence of default in the performance of a borrowers obligations under a loan secured in whole or in part by a lien on a motor vehicle, as defined, a licensee may not accelerate the maturity of any part or all of the amount due on the loan or repossess the motor vehicle.This bill would provide that neither the act of filing a bankruptcy petition by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.This bill would incorporate additional changes to Section 703.140 of the Code of Civil Procedure proposed by SB 956 to be operative only if this bill and SB 956 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2983.3 of the Civil Code is amended to read:2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code.SEC. 2. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.SEC. 2.5. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.SEC. 3. Section 704.010 of the Code of Civil Procedure is amended to read:704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available.SEC. 4. Section 704.050 of the Code of Civil Procedure is amended to read:704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.SEC. 5. Section 704.111 is added to the Code of Civil Procedure, to read:704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.SEC. 6. Section 704.113 of the Code of Civil Procedure is amended to read:704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor.SEC. 7. Section 22329 of the Financial Code is amended to read:22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency.SEC. 8. Section 2.5 of this bill incorporates amendments to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 956. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 703.140 of the Code of Civil Procedure, and (3) this bill is enacted after SB 956, in which case Section 2 of this bill shall not become operative. |
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| 1 | + | Enrolled August 26, 2022 Passed IN Senate August 24, 2022 Passed IN Assembly August 22, 2022 Amended IN Assembly August 18, 2022 Amended IN Assembly June 23, 2022 Amended IN Assembly June 15, 2022 Amended IN Senate May 19, 2022 Amended IN Senate April 26, 2022 Amended IN Senate April 07, 2022 Amended IN Senate March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1099Introduced by Senator WieckowskiFebruary 16, 2022 An act to amend Section 2983.3 of the Civil Code, to amend Sections 703.140, 704.010, 704.050, and 704.113 of, and to add Section 704.111 to, the Code of Civil Procedure, and to amend Section 22329 of the Financial Code, relating to bankruptcy. LEGISLATIVE COUNSEL'S DIGESTSB 1099, Wieckowski. Bankruptcy: debtors.(1) Existing law prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyers obligations under the contract.This bill would provide that neither the act of filing a bankruptcy petition by the buyer or other person liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(2) Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. Existing law provides that these general exemptions are applicable in a federal bankruptcy case regardless of whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions.This bill would provide that, in a federal bankruptcy case, the value of the property claimed as exempt and debtors general and alternative exemptions with respect to such property shall be determined as of the date the bankruptcy petition is filed. The bill would provide that, in a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.Existing law authorizes spouses who jointly file a bankruptcy petition to elect jointly to utilize the general exemptions or the alternative exemptions, but not both. Existing law provides that, if a bankruptcy petition is filed individually, and not jointly, for a spouse, the general exemptions are applicable, except that, if both of the spouses waive in writing the right to claim, during the period the bankruptcy case is pending, the general exemptions, then they may elect to utilize the alternative exemptions.This bill would provide that a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the bankruptcy petition is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead, as specified.Existing law includes an alternative exemption for the debtors right to receive benefits, compensation, alimony, support, separate maintenance, and a payment under certain plans or contracts, as specified.This bill would add an alternative exemption for the debtors right to receive the aggregate interest, not to exceed $7,500, in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined.Existing law includes alternative exemptions for the debtors right to receive, or property that is traceable to, an award under a crime victims reparation law and various payments, including a payment on account of the wrongful death of an individual of whom the debtor was a dependent, a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individuals death, a payment on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent, and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent to the extent reasonably necessary for the support of the debtor and a dependent of the debtor.This bill would add an alternative exemption for a payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, and a dependent of the debtor. The bill would make the exemption for payment on account of a wrongful death and payment under a life insurance contract applicable, as well, to a payment regarding an individual of whom the debtor was a spouse. The bill would make the exemption for payment on account of personal bodily injury applicable, as well, to a payment on account of personal bodily injury of the debtors spouse. The bill would make the exemption for a payment in compensation of loss of future earnings applicable, as well, to a payment regarding an individual of whom the debtor is or was a spouse, and would provide that the exemption applies, as well, to the extent reasonably necessary for the support of the debtors spouse.Existing law exempts any combination of the aggregate equity in motor vehicles, the proceeds of an execution sale of a motor vehicle, and the proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle in the amount of $3,325. Existing law includes an alternative exemption not to exceed $5,850 in value for the debtors interest in one or more motor vehicles.This bill would increase the amounts of the general and alternative exemptions for motor vehicles to $7,500.Existing law includes a general exemption for health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, and an alternative exemption for professionally prescribed health aids for the debtor or a dependent of the debtor.This bill would provide that a vehicle converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability, is a health aid under the general exemption and a professionally prescribed health aid under the alternative exemption. The bill would provide examples of conversions of a vehicle for use by a person who has a disability. The bill would make the alternative exemption applicable, as well, to professionally prescribed health aids for the debtors spouse.Existing law includes an alternative exemption for the debtors right to receive alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.This bill would add a general exemption matching the existing alternative exemption.Existing law provides that vacation credits, as defined, are exempt from enforcement of a money judgment without making a claim.This bill would expand this general exemption to include, in addition, accrued or unused vacation pay, sick leave, or family leave. The bill would limit the exemption to the aggregate interest, not to exceed $7,500, and would delete the provision exempting the property without making a claim.(3) Existing law provides that, in the absence of default in the performance of a borrowers obligations under a loan secured in whole or in part by a lien on a motor vehicle, as defined, a licensee may not accelerate the maturity of any part or all of the amount due on the loan or repossess the motor vehicle.This bill would provide that neither the act of filing a bankruptcy petition by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.This bill would incorporate additional changes to Section 703.140 of the Code of Civil Procedure proposed by SB 956 to be operative only if this bill and SB 956 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2983.3 of the Civil Code is amended to read:2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code.SEC. 2. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.SEC. 2.5. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.SEC. 3. Section 704.010 of the Code of Civil Procedure is amended to read:704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available.SEC. 4. Section 704.050 of the Code of Civil Procedure is amended to read:704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.SEC. 5. Section 704.111 is added to the Code of Civil Procedure, to read:704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.SEC. 6. Section 704.113 of the Code of Civil Procedure is amended to read:704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor.SEC. 7. Section 22329 of the Financial Code is amended to read:22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency.SEC. 8. Section 2.5 of this bill incorporates amendments to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 956. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 703.140 of the Code of Civil Procedure, and (3) this bill is enacted after SB 956, in which case Section 2 of this bill shall not become operative. |
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| 14 | 30 | | |
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| 15 | 31 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 32 | | |
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| 17 | 33 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 34 | | |
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| 19 | 35 | | SB 1099, Wieckowski. Bankruptcy: debtors. |
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| 20 | 36 | | |
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| 21 | 37 | | (1) Existing law prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyers obligations under the contract.This bill would provide that neither the act of filing a bankruptcy petition by the buyer or other person liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(2) Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. Existing law provides that these general exemptions are applicable in a federal bankruptcy case regardless of whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions.This bill would provide that, in a federal bankruptcy case, the value of the property claimed as exempt and debtors general and alternative exemptions with respect to such property shall be determined as of the date the bankruptcy petition is filed. The bill would provide that, in a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.Existing law authorizes spouses who jointly file a bankruptcy petition to elect jointly to utilize the general exemptions or the alternative exemptions, but not both. Existing law provides that, if a bankruptcy petition is filed individually, and not jointly, for a spouse, the general exemptions are applicable, except that, if both of the spouses waive in writing the right to claim, during the period the bankruptcy case is pending, the general exemptions, then they may elect to utilize the alternative exemptions.This bill would provide that a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the bankruptcy petition is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead, as specified.Existing law includes an alternative exemption for the debtors right to receive benefits, compensation, alimony, support, separate maintenance, and a payment under certain plans or contracts, as specified.This bill would add an alternative exemption for the debtors right to receive the aggregate interest, not to exceed $7,500, in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined.Existing law includes alternative exemptions for the debtors right to receive, or property that is traceable to, an award under a crime victims reparation law and various payments, including a payment on account of the wrongful death of an individual of whom the debtor was a dependent, a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individuals death, a payment on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent, and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent to the extent reasonably necessary for the support of the debtor and a dependent of the debtor.This bill would add an alternative exemption for a payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, and a dependent of the debtor. The bill would make the exemption for payment on account of a wrongful death and payment under a life insurance contract applicable, as well, to a payment regarding an individual of whom the debtor was a spouse. The bill would make the exemption for payment on account of personal bodily injury applicable, as well, to a payment on account of personal bodily injury of the debtors spouse. The bill would make the exemption for a payment in compensation of loss of future earnings applicable, as well, to a payment regarding an individual of whom the debtor is or was a spouse, and would provide that the exemption applies, as well, to the extent reasonably necessary for the support of the debtors spouse.Existing law exempts any combination of the aggregate equity in motor vehicles, the proceeds of an execution sale of a motor vehicle, and the proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle in the amount of $3,325. Existing law includes an alternative exemption not to exceed $5,850 in value for the debtors interest in one or more motor vehicles.This bill would increase the amounts of the general and alternative exemptions for motor vehicles to $7,500.Existing law includes a general exemption for health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, and an alternative exemption for professionally prescribed health aids for the debtor or a dependent of the debtor.This bill would provide that a vehicle converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability, is a health aid under the general exemption and a professionally prescribed health aid under the alternative exemption. The bill would provide examples of conversions of a vehicle for use by a person who has a disability. The bill would make the alternative exemption applicable, as well, to professionally prescribed health aids for the debtors spouse.Existing law includes an alternative exemption for the debtors right to receive alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.This bill would add a general exemption matching the existing alternative exemption.Existing law provides that vacation credits, as defined, are exempt from enforcement of a money judgment without making a claim.This bill would expand this general exemption to include, in addition, accrued or unused vacation pay, sick leave, or family leave. The bill would limit the exemption to the aggregate interest, not to exceed $7,500, and would delete the provision exempting the property without making a claim.(3) Existing law provides that, in the absence of default in the performance of a borrowers obligations under a loan secured in whole or in part by a lien on a motor vehicle, as defined, a licensee may not accelerate the maturity of any part or all of the amount due on the loan or repossess the motor vehicle.This bill would provide that neither the act of filing a bankruptcy petition by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.This bill would incorporate additional changes to Section 703.140 of the Code of Civil Procedure proposed by SB 956 to be operative only if this bill and SB 956 are enacted and this bill is enacted last. |
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| 22 | 38 | | |
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| 23 | 39 | | (1) Existing law prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyers obligations under the contract. |
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| 24 | 40 | | |
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| 25 | 41 | | This bill would provide that neither the act of filing a bankruptcy petition by the buyer or other person liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable. |
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| 26 | 42 | | |
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| 27 | 43 | | (2) Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. Existing law provides that these general exemptions are applicable in a federal bankruptcy case regardless of whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions. |
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| 28 | 44 | | |
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| 29 | 45 | | This bill would provide that, in a federal bankruptcy case, the value of the property claimed as exempt and debtors general and alternative exemptions with respect to such property shall be determined as of the date the bankruptcy petition is filed. The bill would provide that, in a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 30 | 46 | | |
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| 31 | 47 | | Existing law authorizes spouses who jointly file a bankruptcy petition to elect jointly to utilize the general exemptions or the alternative exemptions, but not both. Existing law provides that, if a bankruptcy petition is filed individually, and not jointly, for a spouse, the general exemptions are applicable, except that, if both of the spouses waive in writing the right to claim, during the period the bankruptcy case is pending, the general exemptions, then they may elect to utilize the alternative exemptions. |
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| 32 | 48 | | |
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| 33 | 49 | | This bill would provide that a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the bankruptcy petition is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead, as specified. |
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| 34 | 50 | | |
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| 35 | 51 | | Existing law includes an alternative exemption for the debtors right to receive benefits, compensation, alimony, support, separate maintenance, and a payment under certain plans or contracts, as specified. |
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| 36 | 52 | | |
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| 37 | 53 | | This bill would add an alternative exemption for the debtors right to receive the aggregate interest, not to exceed $7,500, in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined. |
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| 38 | 54 | | |
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| 39 | 55 | | Existing law includes alternative exemptions for the debtors right to receive, or property that is traceable to, an award under a crime victims reparation law and various payments, including a payment on account of the wrongful death of an individual of whom the debtor was a dependent, a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individuals death, a payment on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent, and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent to the extent reasonably necessary for the support of the debtor and a dependent of the debtor. |
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| 40 | 56 | | |
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| 41 | 57 | | This bill would add an alternative exemption for a payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, and a dependent of the debtor. The bill would make the exemption for payment on account of a wrongful death and payment under a life insurance contract applicable, as well, to a payment regarding an individual of whom the debtor was a spouse. The bill would make the exemption for payment on account of personal bodily injury applicable, as well, to a payment on account of personal bodily injury of the debtors spouse. The bill would make the exemption for a payment in compensation of loss of future earnings applicable, as well, to a payment regarding an individual of whom the debtor is or was a spouse, and would provide that the exemption applies, as well, to the extent reasonably necessary for the support of the debtors spouse. |
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| 42 | 58 | | |
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| 43 | 59 | | Existing law exempts any combination of the aggregate equity in motor vehicles, the proceeds of an execution sale of a motor vehicle, and the proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle in the amount of $3,325. Existing law includes an alternative exemption not to exceed $5,850 in value for the debtors interest in one or more motor vehicles. |
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| 44 | 60 | | |
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| 45 | 61 | | This bill would increase the amounts of the general and alternative exemptions for motor vehicles to $7,500. |
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| 46 | 62 | | |
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| 47 | 63 | | Existing law includes a general exemption for health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, and an alternative exemption for professionally prescribed health aids for the debtor or a dependent of the debtor. |
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| 48 | 64 | | |
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| 49 | 65 | | This bill would provide that a vehicle converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability, is a health aid under the general exemption and a professionally prescribed health aid under the alternative exemption. The bill would provide examples of conversions of a vehicle for use by a person who has a disability. The bill would make the alternative exemption applicable, as well, to professionally prescribed health aids for the debtors spouse. |
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| 50 | 66 | | |
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| 51 | 67 | | Existing law includes an alternative exemption for the debtors right to receive alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 52 | 68 | | |
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| 53 | 69 | | This bill would add a general exemption matching the existing alternative exemption. |
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| 54 | 70 | | |
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| 55 | 71 | | Existing law provides that vacation credits, as defined, are exempt from enforcement of a money judgment without making a claim. |
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| 56 | 72 | | |
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| 57 | 73 | | This bill would expand this general exemption to include, in addition, accrued or unused vacation pay, sick leave, or family leave. The bill would limit the exemption to the aggregate interest, not to exceed $7,500, and would delete the provision exempting the property without making a claim. |
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| 58 | 74 | | |
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| 59 | 75 | | (3) Existing law provides that, in the absence of default in the performance of a borrowers obligations under a loan secured in whole or in part by a lien on a motor vehicle, as defined, a licensee may not accelerate the maturity of any part or all of the amount due on the loan or repossess the motor vehicle. |
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| 60 | 76 | | |
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| 61 | 77 | | This bill would provide that neither the act of filing a bankruptcy petition by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. The bill would provide that a provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable. |
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| 62 | 78 | | |
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| 63 | 79 | | This bill would incorporate additional changes to Section 703.140 of the Code of Civil Procedure proposed by SB 956 to be operative only if this bill and SB 956 are enacted and this bill is enacted last. |
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| 64 | 80 | | |
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| 65 | 81 | | ## Digest Key |
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| 66 | 82 | | |
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| 67 | 83 | | ## Bill Text |
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| 68 | 84 | | |
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| 69 | 85 | | The people of the State of California do enact as follows:SECTION 1. Section 2983.3 of the Civil Code is amended to read:2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code.SEC. 2. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.SEC. 2.5. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt.SEC. 3. Section 704.010 of the Code of Civil Procedure is amended to read:704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available.SEC. 4. Section 704.050 of the Code of Civil Procedure is amended to read:704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.SEC. 5. Section 704.111 is added to the Code of Civil Procedure, to read:704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.SEC. 6. Section 704.113 of the Code of Civil Procedure is amended to read:704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor.SEC. 7. Section 22329 of the Financial Code is amended to read:22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency.SEC. 8. Section 2.5 of this bill incorporates amendments to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 956. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 703.140 of the Code of Civil Procedure, and (3) this bill is enacted after SB 956, in which case Section 2 of this bill shall not become operative. |
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| 71 | 87 | | The people of the State of California do enact as follows: |
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| 73 | 89 | | ## The people of the State of California do enact as follows: |
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| 75 | 91 | | SECTION 1. Section 2983.3 of the Civil Code is amended to read:2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code. |
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| 76 | 92 | | |
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| 77 | 93 | | SECTION 1. Section 2983.3 of the Civil Code is amended to read: |
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| 78 | 94 | | |
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| 79 | 95 | | ### SECTION 1. |
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| 80 | 96 | | |
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| 81 | 97 | | 2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code. |
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| 82 | 98 | | |
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| 83 | 99 | | 2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code. |
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| 84 | 100 | | |
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| 85 | 101 | | 2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred:(1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application.(2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state.(3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value.(4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle.(5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law.(6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them.(c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract.(d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession:(1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor.(4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith.(5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle.(e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof.(f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code. |
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| 86 | 102 | | |
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| 87 | 103 | | |
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| 88 | 104 | | |
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| 89 | 105 | | 2983.3. (a) (1) In the absence of default in the performance of any of the buyers obligations under the contract, the seller or holder may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle. |
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| 90 | 106 | | |
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| 91 | 107 | | (2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the buyers obligations under the contract, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the contract or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable. |
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| 92 | 108 | | |
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| 93 | 109 | | (b) If after default by the buyer, the seller or holder repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the contract shall have a right to reinstate the contract and the seller or holder shall not accelerate the maturity of any part or all of the contract prior to expiration of the right to reinstate, unless the seller or holder reasonably and in good faith determines that any of the following has occurred: |
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| 94 | 110 | | |
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| 95 | 111 | | (1) The buyer or any other person liable on the contract by omission or commission intentionally provided false or misleading information of material importance on the buyers or other persons credit application. |
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| 96 | 112 | | |
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| 97 | 113 | | (2) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, in order to avoid repossession has concealed the motor vehicle or removed it from the state. |
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| 98 | 114 | | |
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| 99 | 115 | | (3) The buyer, any other person liable on the contract, or any permissive user in possession of the motor vehicle, has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has become substantially impaired in value, or the buyer, any other person liable on the contract, or any nonoccasional permissive user in possession of the motor vehicle has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle may become substantially impaired in value. |
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| 100 | 116 | | |
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| 101 | 117 | | (4) The buyer or any other person liable on the contract has committed, attempted to commit, or threatened to commit criminal acts of violence or bodily harm against an agent, employee, or officer of the seller or holder in connection with the sellers or holders repossession of or attempt to repossess the motor vehicle. |
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| 102 | 118 | | |
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| 103 | 119 | | (5) The buyer has knowingly used the motor vehicle, or has knowingly permitted it to be used, in connection with the commission of a criminal offense, other than an infraction, as a consequence of which the motor vehicle has been seized by a federal, state, or local agency or authority pursuant to federal, state, or local law. |
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| 104 | 120 | | |
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| 105 | 121 | | (6) The motor vehicle has been seized by a federal, state, or local public agency or authority pursuant to (A) Section 1324 of Title 8 of the United States Code or Part 274 of Title 8 of the Code of Federal Regulations, (B) Section 881 of Title 21 of the United States Code or Part 9 of Title 28 of the Code of Federal Regulations, or (C) other federal, state, or local law, including regulations, and, pursuant to that other law, the seizing authority, as a precondition to the return of the motor vehicle to the seller or holder, prohibits the return of the motor vehicle to the buyer or other person liable on the contract or any third person claiming the motor vehicle by or through them or otherwise effects or requires the termination of the property rights in the motor vehicle of the buyer or other person liable on the contract or claimants by or through them. |
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| 106 | 122 | | |
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| 107 | 123 | | (c) Exercise of the right to reinstate the contract shall be limited to once in any 12-month period and twice during the term of the contract. |
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| 108 | 124 | | |
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| 109 | 125 | | (d) The provisions of this subdivision cover the method by which a contract shall be reinstated with respect to curing events of default which were a ground for repossession or occurred subsequent to repossession: |
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| 110 | 126 | | |
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| 111 | 127 | | (1) When the default is the result of the buyers failure to make any payment due under the contract, the buyer or any other person liable on the contract shall make the defaulted payments and pay any applicable delinquency charges. |
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| 112 | 128 | | |
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| 113 | 129 | | (2) When the default is the result of the buyers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the buyer or any other person liable on the contract shall either satisfy all encumbrances and liens or, in the event the seller or holder satisfies the encumbrances and liens, the buyer or any other person liable on the contract shall reimburse the seller or holder for all reasonable costs and expenses incurred therefor. |
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| 114 | 130 | | |
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| 115 | 131 | | (3) When the default is the result of the buyers failure to keep and maintain insurance on the motor vehicle, the buyer or any other person liable on the contract shall either obtain the insurance or, in the event the seller or holder has obtained the insurance, the buyer or any other person liable on the contract shall reimburse the seller or holder for premiums paid and all reasonable costs and expenses, including, but not limited to, any finance charge in connection with the premiums permitted by Section 2982.8, incurred therefor. |
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| 116 | 132 | | |
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| 117 | 133 | | (4) When the default is the result of the buyers failure to perform any other obligation under the contract, unless the seller or holder has made a good faith determination that the default is so substantial as to be incurable, the buyer or any other person liable on the contract shall either cure the default or, if the seller or holder has performed the obligation, reimburse the seller or holder for all reasonable costs and expenses incurred in connection therewith. |
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| 118 | 134 | | |
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| 119 | 135 | | (5) Additionally, the buyer or any other person liable on the contract shall, in all cases, reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder, including attorneys fees and legal expenses expended in retaking and holding the vehicle. |
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| 120 | 136 | | |
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| 121 | 137 | | (e) If the seller or holder denies the right to reinstatement under subdivision (b) or paragraph (4) of subdivision (d), the seller or holder shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the seller or holder fails to sustain the burden of proof, the seller or holder shall not be entitled to a deficiency, but it shall not be presumed that the buyer is entitled to damages by reason of the failure of the seller or holder to sustain the burden of proof. |
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| 122 | 138 | | |
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| 123 | 139 | | (f) This section does not apply to a loan made by a lender licensed under Division 9 (commencing with Section 22000) of the Financial Code. |
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| 124 | 140 | | |
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| 125 | 141 | | SEC. 2. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 126 | 142 | | |
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| 127 | 143 | | SEC. 2. Section 703.140 of the Code of Civil Procedure is amended to read: |
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| 128 | 144 | | |
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| 129 | 145 | | ### SEC. 2. |
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| 130 | 146 | | |
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| 131 | 147 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 132 | 148 | | |
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| 133 | 149 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 134 | 150 | | |
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| 135 | 151 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 136 | 152 | | |
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| 137 | 153 | | |
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| 138 | 154 | | |
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| 139 | 155 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows: |
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| 140 | 156 | | |
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| 141 | 157 | | (1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both. |
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| 142 | 158 | | |
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| 143 | 159 | | (2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b). |
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| 144 | 160 | | |
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| 145 | 161 | | (B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter. |
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| 146 | 162 | | |
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| 147 | 163 | | (3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both. |
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| 148 | 164 | | |
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| 149 | 165 | | (b) The following exemptions may be elected as provided in subdivision (a): |
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| 150 | 166 | | |
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| 151 | 167 | | (1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence. |
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| 152 | 168 | | |
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| 153 | 169 | | (2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles. |
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| 154 | 170 | | |
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| 155 | 171 | | (3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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. |
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| 156 | 172 | | |
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| 157 | 173 | | (4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. |
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| 158 | 174 | | |
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| 159 | 175 | | (5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property. |
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| 160 | 176 | | |
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| 161 | 177 | | (6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor. |
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| 162 | 178 | | |
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| 163 | 179 | | (7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract. |
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| 164 | 180 | | |
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| 165 | 181 | | (8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent. |
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| 166 | 182 | | |
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| 167 | 183 | | (9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 168 | 184 | | |
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| 169 | 185 | | (10) The debtors right to receive any of the following: |
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| 170 | 186 | | |
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| 171 | 187 | | (A) A social security benefit, unemployment compensation, or a local public assistance benefit. |
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| 172 | 188 | | |
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| 173 | 189 | | (B) A veterans benefit. |
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| 174 | 190 | | |
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| 175 | 191 | | (C) A disability, illness, or unemployment benefit. |
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| 176 | 192 | | |
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| 177 | 193 | | (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 178 | 194 | | |
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| 179 | 195 | | (E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply: |
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| 180 | 196 | | |
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| 181 | 197 | | (i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose. |
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| 182 | 198 | | |
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| 183 | 199 | | (ii) The payment is on account of age or length of service. |
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| 184 | 200 | | |
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| 185 | 201 | | (iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986. |
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| 186 | 202 | | |
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| 187 | 203 | | (F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code. |
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| 188 | 204 | | |
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| 189 | 205 | | (11) The debtors right to receive, or property that is traceable to, any of the following: |
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| 190 | 206 | | |
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| 191 | 207 | | (A) An award under a crime victims reparation law. |
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| 192 | 208 | | |
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| 193 | 209 | | (B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. |
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| 194 | 210 | | |
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| 195 | 211 | | (C) A payment on account of the wrongful death of an individual of whom the debtor was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 196 | 212 | | |
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| 197 | 213 | | (D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 198 | 214 | | |
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| 199 | 215 | | (E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent. |
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| 200 | 216 | | |
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| 201 | 217 | | (F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor. |
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| 202 | 218 | | |
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| 203 | 219 | | (12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits: |
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| 204 | 220 | | |
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| 205 | 221 | | (A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution. |
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| 206 | 222 | | |
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| 207 | 223 | | (B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the contribution. |
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| 208 | 224 | | |
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| 209 | 225 | | (C) For the purposes of this paragraph, account includes all accounts having the same beneficiary. |
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| 210 | 226 | | |
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| 211 | 227 | | (c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 212 | 228 | | |
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| 213 | 229 | | SEC. 2.5. Section 703.140 of the Code of Civil Procedure is amended to read:703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 214 | 230 | | |
|---|
| 215 | 231 | | SEC. 2.5. Section 703.140 of the Code of Civil Procedure is amended to read: |
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| 216 | 232 | | |
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| 217 | 233 | | ### SEC. 2.5. |
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| 218 | 234 | | |
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| 219 | 235 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 220 | 236 | | |
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| 221 | 237 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 222 | 238 | | |
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| 223 | 239 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows:(1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b).(B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter.(3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both.(b) The following exemptions may be elected as provided in subdivision (a):(1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence.(2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles.(3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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.(4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.(5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property.(6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.(8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.(9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle.(10) The debtors right to receive any of the following:(A) A social security benefit, unemployment compensation, or a local public assistance benefit.(B) A veterans benefit.(C) A disability, illness, or unemployment benefit.(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply:(i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose.(ii) The payment is on account of age or length of service.(iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.(F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code.(11) The debtors right to receive, or property that is traceable to, any of the following:(A) An award under a crime victims reparation law.(B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor.(C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.(E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent.(F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor.(12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits:(A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy.(C) For the purposes of this paragraph, account includes all accounts having the same beneficiary.(D) This paragraph is not subject to the requirements of Section 703.150.(c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 224 | 240 | | |
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| 225 | 241 | | |
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| 226 | 242 | | |
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| 227 | 243 | | 703.140. (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure, but the exemptions provided by subdivision (b) may be elected in lieu of all other exemptions provided by this chapter, as follows: |
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| 228 | 244 | | |
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| 229 | 245 | | (1) If spouses are joined in the petition, they jointly may elect to utilize the applicable exemption provisions of this chapter other than the provisions of subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both. |
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| 230 | 246 | | |
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| 231 | 247 | | (2) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses effectively waive in writing the right to claim, during the period the case commenced by filing the petition is pending, the exemptions provided by the applicable exemption provisions of this chapter, other than subdivision (b), in any case commenced by filing a petition for either of them under Title 11 of the United States Code, then they may elect to instead utilize the applicable exemptions set forth in subdivision (b). |
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| 232 | 248 | | |
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| 233 | 249 | | (B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtors spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter. |
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| 234 | 250 | | |
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| 235 | 251 | | (3) If the petition is filed for an unmarried person, that person may elect to utilize the applicable exemption provisions of this chapter other than subdivision (b), or to utilize the applicable exemptions set forth in subdivision (b), but not both. |
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| 236 | 252 | | |
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| 237 | 253 | | (b) The following exemptions may be elected as provided in subdivision (a): |
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| 238 | 254 | | |
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| 239 | 255 | | (1) The debtors aggregate interest, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence. |
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| 240 | 256 | | |
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| 241 | 257 | | (2) The debtors interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles. |
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| 242 | 258 | | |
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| 243 | 259 | | (3) The debtors interest, not to exceed seven hundred twenty-five dollars ($725) in value in any particular item, 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. |
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| 244 | 260 | | |
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| 245 | 261 | | (4) The debtors aggregate interest, not to exceed one thousand seven hundred fifty dollars ($1,750) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. |
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| 246 | 262 | | |
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| 247 | 263 | | (5) The debtors aggregate interest, not to exceed one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property. |
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| 248 | 264 | | |
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| 249 | 265 | | (6) The debtors aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor. |
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| 250 | 266 | | |
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| 251 | 267 | | (7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract. |
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| 252 | 268 | | |
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| 253 | 269 | | (8) The debtors aggregate interest, not to exceed fifteen thousand six hundred fifty dollars ($15,650) in value, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent. |
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| 254 | 270 | | |
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| 255 | 271 | | (9) Professionally prescribed health aids for the debtor, the debtors spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 256 | 272 | | |
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| 257 | 273 | | (10) The debtors right to receive any of the following: |
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| 258 | 274 | | |
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| 259 | 275 | | (A) A social security benefit, unemployment compensation, or a local public assistance benefit. |
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| 260 | 276 | | |
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| 261 | 277 | | (B) A veterans benefit. |
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| 262 | 278 | | |
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| 263 | 279 | | (C) A disability, illness, or unemployment benefit. |
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| 264 | 280 | | |
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| 265 | 281 | | (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 266 | 282 | | |
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| 267 | 283 | | (E) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless all of the following apply: |
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| 268 | 284 | | |
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| 269 | 285 | | (i) That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtors rights under the plan or contract arose. |
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| 270 | 286 | | |
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| 271 | 287 | | (ii) The payment is on account of age or length of service. |
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| 272 | 288 | | |
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| 273 | 289 | | (iii) That plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986. |
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| 274 | 290 | | |
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| 275 | 291 | | (F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code. |
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| 276 | 292 | | |
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| 277 | 293 | | (11) The debtors right to receive, or property that is traceable to, any of the following: |
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| 278 | 294 | | |
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| 279 | 295 | | (A) An award under a crime victims reparation law. |
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| 280 | 296 | | |
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| 281 | 297 | | (B) A payment under a settlement agreement arising out of or regarding the debtors employment, to the extent reasonably necessary for the support of the debtor, the debtors spouse, or a dependent of the debtor. |
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| 282 | 298 | | |
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| 283 | 299 | | (C) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 284 | 300 | | |
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| 285 | 301 | | (D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or dependent on the date of that individuals death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. |
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| 286 | 302 | | |
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| 287 | 303 | | (E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtors spouse, or an individual of whom the debtor is a dependent. |
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| 288 | 304 | | |
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| 289 | 305 | | (F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtors spouse or a dependent of the debtor. |
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| 290 | 306 | | |
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| 291 | 307 | | (12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits: |
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| 292 | 308 | | |
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| 293 | 309 | | (A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy. |
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| 294 | 310 | | |
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| 295 | 311 | | (B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtors petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtors petition for bankruptcy. |
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| 296 | 312 | | |
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| 297 | 313 | | (C) For the purposes of this paragraph, account includes all accounts having the same beneficiary. |
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| 298 | 314 | | |
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| 299 | 315 | | (D) This paragraph is not subject to the requirements of Section 703.150. |
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| 300 | 316 | | |
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| 301 | 317 | | (c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtors exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtors equity in a residence is less than or equal to the amount of the debtors allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtors interest in the property during the pendency of the case is exempt. |
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| 302 | 318 | | |
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| 303 | 319 | | SEC. 3. Section 704.010 of the Code of Civil Procedure is amended to read:704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available. |
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| 304 | 320 | | |
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| 305 | 321 | | SEC. 3. Section 704.010 of the Code of Civil Procedure is amended to read: |
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| 306 | 322 | | |
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| 307 | 323 | | ### SEC. 3. |
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| 308 | 324 | | |
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| 309 | 325 | | 704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available. |
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| 310 | 326 | | |
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| 311 | 327 | | 704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available. |
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| 312 | 328 | | |
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| 313 | 329 | | 704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500):(1) The aggregate equity in motor vehicles.(2) The proceeds of an execution sale of a motor vehicle.(3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle.(b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor.(c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides.(d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available. |
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| 314 | 330 | | |
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| 315 | 331 | | |
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| 316 | 332 | | |
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| 317 | 333 | | 704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500): |
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| 318 | 334 | | |
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| 319 | 335 | | (1) The aggregate equity in motor vehicles. |
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| 320 | 336 | | |
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| 321 | 337 | | (2) The proceeds of an execution sale of a motor vehicle. |
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| 322 | 338 | | |
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| 323 | 339 | | (3) The proceeds of insurance or other indemnification for the loss, damage, or destruction of a motor vehicle. |
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| 324 | 340 | | |
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| 325 | 341 | | (b) Proceeds exempt under subdivision (a) are exempt for a period of 90 days after the time the proceeds are actually received by the judgment debtor. |
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| 326 | 342 | | |
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| 327 | 343 | | (c) For the purpose of determining the equity, the fair market value of a motor vehicle shall be determined by reference to used car price guides customarily used by California automobile dealers unless the motor vehicle is not listed in such price guides. |
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| 328 | 344 | | |
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| 329 | 345 | | (d) If the judgment debtor has only one motor vehicle and it is sold at an execution sale, the proceeds of the execution sale are exempt in the amount of seven thousand five hundred dollars ($7,500) without making a claim. The levying officer shall consult and may rely upon the records of the Department of Motor Vehicles in determining whether the judgment debtor has only one motor vehicle. In the case covered by this subdivision, the exemption provided by subdivision (a) is not available. |
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| 330 | 346 | | |
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| 331 | 347 | | SEC. 4. Section 704.050 of the Code of Civil Procedure is amended to read:704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 332 | 348 | | |
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| 333 | 349 | | SEC. 4. Section 704.050 of the Code of Civil Procedure is amended to read: |
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| 334 | 350 | | |
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| 335 | 351 | | ### SEC. 4. |
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| 336 | 352 | | |
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| 337 | 353 | | 704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 338 | 354 | | |
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| 339 | 355 | | 704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 340 | 356 | | |
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| 341 | 357 | | 704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt.(b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 342 | 358 | | |
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| 343 | 359 | | |
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| 344 | 360 | | |
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| 345 | 361 | | 704.050. (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and prosthetic and orthopedic appliances, are exempt. |
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| 346 | 362 | | |
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| 347 | 363 | | (b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtors spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. |
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| 348 | 364 | | |
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| 349 | 365 | | SEC. 5. Section 704.111 is added to the Code of Civil Procedure, to read:704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt. |
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| 350 | 366 | | |
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| 351 | 367 | | SEC. 5. Section 704.111 is added to the Code of Civil Procedure, to read: |
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| 352 | 368 | | |
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| 353 | 369 | | ### SEC. 5. |
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| 354 | 370 | | |
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| 355 | 371 | | 704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt. |
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| 356 | 372 | | |
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| 357 | 373 | | 704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt. |
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| 358 | 374 | | |
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| 359 | 375 | | 704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt. |
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| 360 | 376 | | |
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| 361 | 377 | | |
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| 362 | 378 | | |
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| 363 | 379 | | 704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt. |
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| 364 | 380 | | |
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| 365 | 381 | | SEC. 6. Section 704.113 of the Code of Civil Procedure is amended to read:704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor. |
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| 366 | 382 | | |
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| 367 | 383 | | SEC. 6. Section 704.113 of the Code of Civil Procedure is amended to read: |
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| 368 | 384 | | |
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| 369 | 385 | | ### SEC. 6. |
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| 370 | 386 | | |
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| 371 | 387 | | 704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor. |
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| 372 | 388 | | |
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| 373 | 389 | | 704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor. |
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| 374 | 390 | | |
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| 375 | 391 | | 704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor. |
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| 376 | 392 | | |
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| 377 | 393 | | |
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| 378 | 394 | | |
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| 379 | 395 | | 704.113. (a) As used in this chapter, vacation credits means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee. |
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| 380 | 396 | | |
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| 381 | 397 | | (b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt. |
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| 382 | 398 | | |
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| 383 | 399 | | (c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor. |
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| 384 | 400 | | |
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| 385 | 401 | | SEC. 7. Section 22329 of the Financial Code is amended to read:22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency. |
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| 386 | 402 | | |
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| 387 | 403 | | SEC. 7. Section 22329 of the Financial Code is amended to read: |
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| 388 | 404 | | |
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| 389 | 405 | | ### SEC. 7. |
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| 390 | 406 | | |
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| 391 | 407 | | 22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency. |
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| 392 | 408 | | |
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| 393 | 409 | | 22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency. |
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| 394 | 410 | | |
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| 395 | 411 | | 22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code.(b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle.(2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable.(c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that:(1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application.(2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession.(3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value.(d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan.(e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession.(1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges.(2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor.(4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor.(5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.(f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency. |
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| 396 | 412 | | |
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| 397 | 413 | | |
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| 398 | 414 | | |
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| 399 | 415 | | 22329. (a) This section applies to a loan secured in whole or in part by a lien on a motor vehicle as defined by subdivision (k) of Section 2981 of the Civil Code. |
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| 400 | 416 | | |
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| 401 | 417 | | (b) (1) In the absence of default in the performance of any of the borrowers obligations under the loan, the licensee may not accelerate the maturity of any part or all of the amount due thereunder or repossess the motor vehicle. |
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| 402 | 418 | | |
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| 403 | 419 | | (2) Neither the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the borrower or other person liable on the loan nor the status of either of those persons as a debtor in bankruptcy constitutes a default in the performance of any of the borrowers obligations under the loan, and neither may be used as a basis for accelerating the maturity of any part or all of the amount due under the loan or for repossessing the motor vehicle. A provision of a contract that states that the act of filing a petition commencing a case for bankruptcy under Title 11 of the United States Code by the buyer or other individual liable on the contract or the status of either of those persons as a debtor in bankruptcy is a default is void and unenforceable. |
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| 404 | 420 | | |
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| 405 | 421 | | (c) If, after default by the borrower, the licensee repossesses or voluntarily accepts surrender of the motor vehicle, any person liable on the loan shall have a right to reinstate the loan and the licensee shall not accelerate the maturity of any part or all of the loan prior to the expiration of the right to reinstate, unless the licensee reasonably and in good faith determines that: |
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| 406 | 422 | | |
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| 407 | 423 | | (1) The borrower or any other person liable on the loan by omission or commission intentionally provided false or misleading information of material importance on their credit application. |
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| 408 | 424 | | |
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| 409 | 425 | | (2) The borrower or any other person liable on the loan has concealed the motor vehicle or removed it from the state in order to avoid repossession. |
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| 410 | 426 | | |
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| 411 | 427 | | (3) The borrower or any other person liable on the loan has committed or threatens to commit acts of destruction, or has failed to take care of the motor vehicle in a reasonable manner, so that the motor vehicle has or may become substantially impaired in value. |
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| 412 | 428 | | |
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| 413 | 429 | | (d) Exercise of the right to reinstate the loan shall be limited to once in any 12-month period and twice during the term of the loan. |
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| 414 | 430 | | |
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| 415 | 431 | | (e) The provisions of this subdivision shall govern the method by which a loan shall be reinstated with respect to curing events of default that were grounds for repossession or that occurred subsequent to repossession. |
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| 416 | 432 | | |
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| 417 | 433 | | (1) When the default is the result of the borrowers failure to make any payment due under the loan, the borrower or any other person liable on the loan shall make the defaulted payments and pay any applicable delinquency charges. |
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| 418 | 434 | | |
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| 419 | 435 | | (2) When the default is the result of the borrowers failure to keep and maintain the motor vehicle free from all encumbrances and liens of every kind, the borrower or any person liable on the loan shall either satisfy all the encumbrances and liens or, in the event the licensee satisfies the encumbrances and liens, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor. |
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| 420 | 436 | | |
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| 421 | 437 | | (3) When the default is the result of the borrowers failure to keep and maintain insurance on the motor vehicle, the borrower or any other person liable on the loan shall either obtain the insurance or, in the event the licensee has obtained the insurance, the borrower or any other person liable on the loan shall reimburse the licensee for premiums paid and all reasonable costs and expenses incurred therefor. |
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| 422 | 438 | | |
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| 423 | 439 | | (4) When the default is the result of the borrowers failure to perform any other obligation under the loan, unless the licensee has made a good faith determination that the default is so substantial as to be incurable, the borrower or any other person liable on the loan shall reimburse the licensee for all reasonable costs and expenses incurred therefor. |
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| 424 | 440 | | |
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| 425 | 441 | | (5) Additionally, the borrower or any other person liable on the loan shall reimburse the licensee for actual and necessary fees in an amount not exceeding the amount specified in subdivision (e) of Section 22202 paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, and actual fees in conformity with Sections 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code. |
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| 426 | 442 | | |
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| 427 | 443 | | (f) If the licensee denies the right to reinstatement under subdivision (c) or paragraph (4) of subdivision (e), the licensee shall have the burden of proof that the denial was justified in that it was reasonable and made in good faith. If the licensee fails to sustain the burden of proof, the licensee shall not be entitled to a deficiency. |
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| 428 | 444 | | |
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| 429 | 445 | | SEC. 8. Section 2.5 of this bill incorporates amendments to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 956. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 703.140 of the Code of Civil Procedure, and (3) this bill is enacted after SB 956, in which case Section 2 of this bill shall not become operative. |
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| 430 | 446 | | |
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| 431 | 447 | | SEC. 8. Section 2.5 of this bill incorporates amendments to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 956. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 703.140 of the Code of Civil Procedure, and (3) this bill is enacted after SB 956, in which case Section 2 of this bill shall not become operative. |
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| 432 | 448 | | |
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| 433 | 449 | | SEC. 8. Section 2.5 of this bill incorporates amendments to Section 703.140 of the Code of Civil Procedure proposed by both this bill and SB 956. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 703.140 of the Code of Civil Procedure, and (3) this bill is enacted after SB 956, in which case Section 2 of this bill shall not become operative. |
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| 434 | 450 | | |
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| 435 | 451 | | ### SEC. 8. |
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