2020 California Code
Code of Civil Procedure - CCP
PART 2 - OF CIVIL ACTIONS
TITLE 9 - ENFORCEMENT OF JUDGMENTS
DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS
CHAPTER 4 - Exemptions
ARTICLE 3 - Exempt Property
Section 704.105.
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) is exempt without making a claim, subject to the following limitations:
(a) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtor’s 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 debtor’s 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 section, “account” includes all accounts having the same beneficiary.
(Added by Stats. 2020, Ch. 81, Sec. 9. (SB 898) Effective January 1, 2021.)
