Filing Bankruptcy in California: Means Test, Exemptions and Courts

California has four federal bankruptcy districts: the U.S. Bankruptcy Court for the Northern District (https://www.canb.uscourts.gov), Eastern District (https://www.caeb.uscourts.gov), Central District (https://www.cacb.uscourts.gov), and Southern District (https://www.casb.uscourts.gov) of California.

1 person: $79,253; 2 people: $102,797; 3 people: $116,541; 4 people: $139,071; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026).

California does not allow the federal bankruptcy exemptions. Instead, filers choose one of California's two systems: the regular exemptions in CCP 704.010 et seq. (including the homestead), or the alternative list in CCP 703.140(b). Spouses filing together must pick the same system; a married person filing alone generally needs a written waiver from the spouse to use the 703.140(b) list.

Regular system: the greater of $300,000 or the countywide median sale price for a single-family home in the prior calendar year, capped at $600,000; both figures adjust annually for inflation beginning January 1, 2022. Alternative 703.140(b) system: $36,750 in a residence (effective April 1, 2025).

$8,625 under either system (regular system CCP 704.010; alternative system CCP 703.140(b)(2)), effective April 1, 2025.

Only in the alternative 703.140(b) system: $1,950 in any property, plus any unused part of the $36,750 residence exemption (effective April 1, 2025). The regular system has no general wildcard.

Regular system: amounts held in private retirement plans (including union plans) are exempt; IRAs and similar self-directed accounts are exempt "only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires," considering the filer's spouse, dependents and other likely resources. Alternative system: payments under pension, annuity and similar plans are exempt to the extent reasonably necessary for support.

Regular system: paid earnings traced into a bank account or held as cash are exempt in full if they were already subject to a wage garnishment or support assignment, and otherwise to the extent they would be protected from garnishment under CCP 706.050. Alternative system: up to $8,625 in accrued vacation, sick or family leave pay, or wages (CCP 703.140(b)(10)(F), effective April 1, 2025).

All four courts have self-help resources. C.D. Cal. has "Don't Have an Attorney" pages, eSR petition software, self-help desks in each of its five divisions offering access to pro bono legal services, and online chat. N.D. Cal. has "Filing Without an Attorney" and "Pro Se/Pro Bono Services" pages. E.D. Cal. has eSR and a Pro Se Debtor Clinic. S.D. Cal. has a filing-without-an-attorney page, eSR, and a Bankruptcy Self-Help Center.

Central District of California: under the Central Guide Supplement to LBR 3015-1(v) (May 2024), an attorney may receive an order approving fees up to a maximum of $8,500 in a case where the debtor is engaged in a business, or $7,000 in all other cases, without filing a detailed fee application, if the attorney has filed the Rule 2016 statement and a fully executed Rights and Responsibilities Agreement (RARA) and no objection is raised; these amounts apply to chapter 13 cases filed on or after May 1, 2024 (Public Notice PN 24-008), and cover the services described in bold face type in the RARA. Eastern District of California: under LBR 2016-1(c), counsel may elect a flat fee without court approval (filing Form EDC 3-096, Rights and Responsibilities); except for adversary proceedings, the flat fee includes all prepetition and postpetition services and costs. Amended General Order 25-11 (dated December 8, 2025), for cases filed as of January 1, 2026, sets the CPI-adjusted flat fees at $18,500.00 in business cases and $12,300.00 in nonbusiness cases, with costs of $00,520.00 (as printed in the order). Northern District of California: the court's Guidelines for Payment of Attorney's Fees in Chapter 13 Cases (effective for cases filed on or after 11/01/2023) allow an order approving presumptively reasonable fees without a detailed application if counsel has filed the executed Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys and no unresolved objection is raised. Base case fee: $5,200 for a basic case, plus listed base-case additions (e.g., operating business 3,000; real property (principal residence) with liens 3,000; tax claims 1,200; student loans 500; cases with 25 or more creditors 500) and per-instance add-on fees (e.g., post-confirmation plan modification 1,000; Mortgage Modification Mediation Program 3,500). Southern District of California: under General Order 173-F (filed November 22, 2024) and the attached Rights and Responsibilities forms (revised 01/01/2025), guideline "initial fees" are $5,000 in consumer cases and $5,500 in business cases, with court-set "additional fees" for listed services; fees above guideline amounts require a fee application.