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    341 "Results"

    Had our 341 last week (filed early May), and the trustee is asking for the following:

    1. A copy of our '07 tax return so he can collect a portion of the refund.
    2. Detail on some non-exempt sports memorabilia that we own. He wants an itemization and "online" values of these items.
    3. An appraisal of a car that we have. During the hearing, we stated that the car was not worth what we had indicated on our filing statement. Our attorney told us that we had to put the lowest documentable retail value. This car isn't worth anywhere near as much as that (it books at $3600), and would likely only sell for about $1000 "as is." I didn't understand why our attorney told us to include a higher value, but we did. And now we have to get an appraisal!
    4. A new appraisal of our house.
    5. Copies of a few statements from inactive bank accounts that we didn't include with our filing (STUPID!!)

    Anyway, since our case has been continued pending this info, I have some questions:

    1. On our original filing, we used assessed value of our house (as based on our tax assessment). We owe slightly more than the assessed value, which is what we indicated in our filing (essentially showing negative equity). We think that an appraisal will show a higher value-perhaps significantly higher, but maybe not. How much equity can we show in the house without creating any problems for ourselves?

    2. We desperately need another car and to get some repairs done around the house. How long do I need to wait until I can borrow the money from my 403B to get these things done and purchase another vehicle? I would probably be taking a loan of about $12500.

    Thank you all soooo much for any input. I'd love to ask my lawyer these questions, but truthfully, I don't feel like I've been getting great advice from him lately!

    #2
    By the way,

    By the way, our case isn't even showing up on PACER. Is that unusual?

    Comment


      #3
      I used my tax apprasial for my house had negative equity also I also used the tax value on my vehicle from the registration the trustee said nothing gosh I hope we dont go through the same thing we have 3 apprasials the apprasial done for the people we bought it from had one done 8 months before we bought it it said 115,000.00 we had one done for refinance puropses that said 125,000.00 the tax appraisal was done 1 week before filing and it said 91,456.00 we owe 93,750.00 and I dont think my house would sale for 125,000.00 that was a very high apprasial but they tend to be higher when done for refinance purposes vs. purchase price value I dont even think it would sale for 115,000.00 I would not have even paid 100,000.00 for it I paid 83,000.00 but I refinanced and got cash out so we owe 93.750.00 . Does anyone know if this is common that they choose not to go by tax value? Or do they go by when it was assessed? I do not know why you are not showing up on pacer what state are you in?
      Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

      Comment


        #4
        You mean 06 tax returns I assume.....

        Comment


          #5
          No, I mean '07. He wants a copy of them next year so he can claim about 1/3 of the refund if there is any (the time that past during calendar year 2007 prior to filing).

          Comment


            #6
            Start declaring 0

            Comment


              #7
              How much equity can we show in the house without creating any problems for ourselves?


              This will depend on how much equity your state allows as an exemption.

              Comment


                #8
                OH, you know it!

                I'm self-employed, so I may have to make some changes to the numbers. Last year was my first year in business, and I didn't make any contributions for SS during the course of the year. That took away about 15% right off the top. I'll probably do that again if my accountant thinks it's a good idea.....

                Comment


                  #9
                  Good luck. Sounds like you've got some challenges. What kind of appraisal does he require? Drive by, full etc. Make sure you talk to a couple of appraisers and tell them you want the lowest number possible.

                  Comment


                    #10
                    I'm curious about the "inactive account" bank statements. How does the trustee research these things and find out about them?

                    Comment


                      #11
                      Honestly, if the trustee want's some of that, he needs to pay for it, not you.

                      If the trustee wants "assets" appraised, it is the trustees responsibility to get that information...you have declared the value on your petition, if the trustee wants to dispute that value, he has full right to send someone out and appraise these assets.

                      As for the equity, you can show as much equity as your state equity exemption will allow (and you can show even a little more equity than that because the trustee will incur costs to sell the property, for a sale of a house to be worth it for the trustee, the sale price must exceed your equity exemption and the costs of sale).

                      As for the tax return, that request is completely normal, we are in 2007, so every trustee will be asking for 2007 tax returns. Note, you accumulate your refund every day. Thus, what you want to do is change any withholding so that the lowest amount of money is being withheld from your paycheck.
                      Last edited by HHM; 06-19-2007, 07:39 AM.

                      Comment


                        #12
                        Originally posted by sunnydazeahead View Post
                        I'm curious about the "inactive account" bank statements. How does the trustee research these things and find out about them?
                        I think you'd have to tell them. I have one of those also and I am just going to have anything he may want from me just in case. Of course I'll only have it with me if it benefits me....
                        Last edited by Logan; 06-19-2007, 07:09 AM.

                        Comment


                          #13
                          Originally posted by Logan View Post
                          Start declaring 0

                          Won't declaring 0 mean they would pay more taxes in, that they could collect from? I considered claming more, to get more takehome pay, and less they could collect. Do I have it backwards?

                          Comment


                            #14
                            Originally posted by CurtInKS View Post
                            Won't declaring 0 mean they would pay more taxes in, that they could collect from? I considered claming more, to get more takehome pay, and less they could collect. Do I have it backwards?
                            Exactly, you want to claim MORE exemptions, not less. You want your paycheck to be as large as possible (granted, depending on your income bracket, this could mean you might actually end up having to "pay" taxes, but generally, that is not an issue for someone filing chapter 7 because their income is already, generally low.)

                            Comment


                              #15
                              Yes declaring 0 exemptions means more taxes not less will be taken out.

                              You say you are self employed, so I assume you pay your own taxes. Did you get a significant refund this year? The Trustee might be hoping to get something out of you. Either claim another exemption so they take less out or make sure to lower what you are paying.

                              As far as PACER, depends on the jurisdiction, some do day of, some next day, some it takes a week.
                              May 31st, 2007: Petition Filed by my lawyer
                              July 2nd, 2007: 341 Meeting Held
                              September 4th, 2007: Discharged and Closed.

                              Comment

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