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CA SB1099

Bill

Status

Passed

9/28/2022

Primary Sponsor

Bob Wieckowski

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Filing a bankruptcy petition or becoming a debtor in bankruptcy does not constitute default under motor vehicle conditional sale contracts or loans, and cannot be used as grounds for acceleration or repossession; contract provisions treating bankruptcy filing as default are void and unenforceable.

  • In federal bankruptcy cases, exempt property values and exemptions are determined as of the bankruptcy petition filing date; appreciation in homestead property during the case is exempt if the debtor's initial equity does not exceed the homestead exemption amount.

  • Increases motor vehicle exemptions from $3,325-$5,850 to $7,500 for both general and alternative exemptions in bankruptcy cases.

  • Adds new exemptions for debtors: up to $7,500 in vacation credits, accrued vacation pay, sick leave, and family leave; employment settlement payments reasonably necessary for support; and vehicles converted for disability use.

  • Expands existing exemptions to cover spouses and dependents more broadly, including wrongful death and life insurance payments for spouses, personal injury payments for spouses, and loss of future earnings for spouses; eliminates waiver requirement for debtors living separately from their spouse unless they share homestead property.

Legislative Description

Bankruptcy: debtors.

Last Action

Chaptered by Secretary of State. Chapter 716, Statutes of 2022.

9/28/2022

Committee Referrals

Judiciary6/2/2022
Appropriations4/25/2022
Governance and Finance4/6/2022
Judiciary2/23/2022
Rules2/16/2022

Full Bill Text

No bill text available