California bankruptcy exemptions can save your house.

New! 2025 California Homestead Exemption Increased by Inflation

Posted by Hale Andrew Antico on

2024 (and 2025!) California Homestead Exemption, increased by inflation

Brand new! The maximum 2025 California Homestead Exemption amounts

The 2025 California homestead exemption numbers are already available, and different from last year, and even the original range of $300,000 to $600,000. In fact, in 2024, they top out way higher than $600,000, which helps you save more of your home from creditors than the homestead exemption could in 2024. Why? Because of inflation. The new California homestead exemption is tied to the CPI, or consumer price index.  And everyone knows things lately aren’t cheap.

Summer 2024 update: The inflation-adjusted 2025 California homestead exemption should be out any time. See below what it will be for cases filed after Jan 1, 2024, and soon, January 2025.

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Figuring the Los Angeles Country median home price size is like trying to calculate the median coin weight when all we have is data about stack size

How to Figure the Los Angeles County Median Home Price (2024)

Posted by Hale Andrew Antico on

How to Figure Los Angeles County Median Home Price (2024)

The Los Angeles County median home price in 2024 can be tricky to determine. There are different sources that say different things. It’s not clear which of the many options will be relied upon by courts and trustees for the California homestead exemption.  Also, while bankruptcy may seem to be “just forms,” make sure you check out my list of 12 crucial tips to do or avoid before filing bankruptcy.

2024 update: there seems to be a consensus among local bankruptcy attorneys as to what the Los Angeles County median home price is. More than that, this L.A. median price changes each year. While it’s still untested in court, a lot of the initial uncertainty has cleared up. Read on!

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median income limits

2024 Median Income Limits to Nail Bankruptcy Means Test in Calif

Posted by Hale Andrew Antico on

Median Income Limits to Nail the Bankruptcy Means Test: 2024

The government just updated the numbers for 2024 median income limits. Using median household income, it again got easier to qualify for bankruptcy Chapter 7, because of another means test adjustment.  And while bankruptcy may seem to be “just forms,” make sure you check out my list of 12 crucial tips to do or avoid before filing bankruptcy.

The means test for bankruptcy decides who qualifies for Chapter 7 bankruptcy eligibility. The first step of this process is comparing your median household income against the California median income limits set by the Department Of Justice guidelines to see if you earn less than bankruptcy median income limits.

Again, this comparison against the median income is merely the first step, and does not absolutely determine your eligibility for Chapter 7 or not.

Summer 2024 Update:  The numbers for the means test adjusted May 2024 and will be used for the latter part of 2024.

Because of the above statement, these will be the last updated 2023 median income limits.

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motor home california homestead mobilehome

Do Motor Homes Qualify as Mobile Homes and California Homestead

Posted by Hale Andrew Antico on

Do Motor Homes Qualify as Mobile Homes and California Homestead

Mobilehomes are protected residences, but if the home has a motor, it may have a different roll.

A recent Arizona case says a “motor home” isn’t a “mobile home” for the homestead exemption. You may ask yourself, “why is a California bankruptcy lawyer writing about a Arizona court ruling on Arizona state law?” And the answer is: because it lets us dive into a discussion of whether a motor home is a mobilehome here under the California homestead exemption.

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means test for chapter 7 bankruptcy

Bankruptcy Means Test: a calculator, and a trick to pass (2024)

Posted by Hale Andrew Antico on

Bankruptcy Means Test for Chapter 7 in California, and Everywhere Else

Bankruptcy means test for Chapter 7 was created by Congress to decide if you qualify for liquidation or straight bankruptcy.  Here is what it is, some answers to common bankruptcy means test questions, and a weird tip on passing the bankruptcy means test and its median income limits (ok, it’s not weird, but I think you’ll find it helpful).

Historically, there was no bankruptcy income limit

Before 2005, any income earner could, in theory, file Chapter 7 bankruptcy. There was a time in those days where a single person filing bankruptcy could earn $8,000 a month after taxes and still get a discharge. The credit card companies lobbied Congress to change the law and make it harder to qualify. In response, Congress passed a bankruptcy reform called BAPCPA in 2005. One of the new provisions was to add a means test so that the more someone earned, the harder it became to qualify for Chapter 7.

What is the Bankruptcy Means Test

The bankruptcy means test is a long form that asks how much money someone has earned recently. It starts by determining a) what your “current monthly income” is. Then, it compares that to b) a median income limit for their state, for a similar-sized household. If your income is less than the magic number, you pass the means test for Chapter 7.  Consequently, you can file bankruptcy that way.

Figuring Your Current Monthly Income

Once you’ve figured out which income limit number is the standard for your state, you now need to compare against it your current monthly income. And like most things in bankruptcy, this is not as straightforward as it seems.

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No interest is bad if you're on a date, and what unsecured debts are supposed to get

May They Have Your Interest? Unsecured Debts in Chapter 13

Posted by Hale Andrew Antico on

May They Have Your Interest? Unsecured Debts in Chapter 13

Credit card interest stops accruing after filing a Chapter 13 bankruptcy in most cases

In Chapter 13 bankruptcy, do you have to pay the general unsecured creditors — like credit cards and personal loans — interest on their debt?  The Bankruptcy Code specifically describes the treatment of claims with postpetition interest, so you would think unmatured interest in Chapter 13 would be settled.

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A home lien cramdown is not like a building collapse

9th Cir BAP: Yes, Cramdown a Lien Secured by Residence in 1322

Posted by Hale Andrew Antico on

9th Cir BAP: Yes, Cramdown a Lien Secured by Residence in 1322

It’s possible to bifurcate a secured debt on a home or HELOC in a Chapter 13 bankruptcy, but timing matters.

SUMMARY

In In re Lee and Chen, 2023 WL 7489928 (BAP 11/13/23), the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that § 1322(c)(2) is an exception to § 1322(b)(2), and that the Chapter 13 debtors were able to bifurcate and cramdown a secured debt on their residence that matures during the plan.

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chapter 13 debt limits

Chapter 13 Debt Limits (2024 update)

Posted by Hale Andrew Antico on

Chapter 13 Debt Limits (2024 update)

Debt Limits in Chapter 13 Bankruptcy

2024 Update: Chapter 13 debt limits in 2024 are in a state of flux. They’re currently higher than normal, but are set to drop. Why? There is a new law changes which, among other things, temporarily increased the Chapter 13 debt limit to $2.75 million dollars. This limit is for both secured and unsecured debt combined. It’s about double what the debt limits had been, and is extremely helpful for Los Angeles residents who have a second property and mortgage debt that exceeds $1.5 million. The 2024 Chapter 13 debt limit increase is temporary and will sunset this year, unless extended.

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California wildcard exemption amount for bankruptcy, showing jokers, which are often wild cards

New California Wildcard Exemption: the Ultimate Guide (2024)

Posted by Hale Andrew Antico on

New California Wildcard Exemption: the Ultimate Guide (2024)

What to know about California Wild Card Exemption and the Current Amount

California wildcard exemption is big for bankruptcy lawyers protecting their clients’ assets. Here’s the ultimate guide on the new updated California wild card exemption amount, and how to figure it.

California Exemptions, generally

In bankruptcy, each state has their own exemptions, or ways they allow debtors to protect some or all of their property. California has opted out of the federal exemptions, and has it’s own passed by our legislature. This is where the California wild card exemption fits in.

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types of bankruptcies chapter 7 vs 11 vs chapter 13

3 Types of Bankruptcy (2024 update)

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Table of Contents

Types of Bankruptcies: Chapter 7 vs 11 vs 13

There’s a lot of confusion about the types of bankruptcies. Firstly, some clarification on jargon. You’ll hear a lot about bankruptcy chapters. What’s a chapter? Think of it as a bankruptcy type, or a kind, or flavor. While there at least five types of bankruptcies, most people thinking about consumer personal bankruptcy will focus on just two or three bankruptcy types, or chapters, including Chapter 7 vs 11 vs 13.

The type name “chapter” just refers to the part of the Bankruptcy Code, which is Title 11 of the United States Code. For example, much of the bankruptcy laws that cover Chapter 7 bankruptcy starts at 11 U.S.C. 701, and following. The book I have on my desk literally has a section called Chapter 7 – Liquidation.

Listing the Types of Bankruptcies

Ok, so now that we have some basics out of the way, let’s take a look at the different bankruptcy types commonly used when people file bankruptcy.

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