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Bankruptcy Law Trumps State Protection For Judgment Lien

By Cathy Moran, Esq. Filed Under: Exemptions

exemption increase trumps state law

State law insulated a recorded judgment lien from future increases in the homestead exemption. However, bankruptcy law trumps that limitation, says the 9th Circuit in Barclay v. Boskoski. [T]he Bankruptcy Code requires courts to determine the amount of the exemption to whichthe debtor would have been entitled in the absence of the lien at issue […]

Filed Under: Exemptions Tagged With: 2023, exemption, homestead, impairment, lien avoidance

Unpacking The Enhanced California Homestead

By Cathy Moran, Esq. Filed Under: Exemptions

california homestead changes

On January 1, 2021, California’s homestead exemption grew from a prior low of $75,000 to a minimum of $300,000, to as much as $600,000, depending on county wide home prices. And the homestead floor and ceiling adjust annually for inflation. A big part of the change is that the increased homestead is available to homeowners […]

Filed Under: Exemptions Tagged With: 2021, California, exemption, homestead

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