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    Exemptions

    I think I made a bunch of errors on my schedules...
    (forgot to add description of claim on F, forgot to put amount of unsecured value of financed car, forgot that a lot of the household items are jointly shared/owned by my husband)
    So, I need to amend these.

    But first, can someone help me figure out my local bk rules on exemptions.
    It says:
    "The debtor's interest, not to exceed $1,000 in value, in household furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items that are held primarily for the personal, family, or household use of the debtor or any dependent of the debtor."
    AND
    "Cash or property of any kind equivalent in value to $6,000 is exempt, if within 30 days from the date of the attachment or the levy by the sheriff, the debtor elects to exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000."

    If my personal property goes over the $1000 limit for the 1st rule, can the rest fall under the 2nd rule? I know that my personal property/household goods went over $1000... can they be exempt under the $6000 for cash or property exemption?

    Ok, this is what I listed on Schedule B & C -
    Cash on hand - $127.61
    Checking accts - $59.88
    Misc household goods - $575.00
    Misc books, cds, etc - $370.00
    Clothing - $200
    Jewelry - $100
    Camera - $50
    Pension - $136.05
    Deferred compensation retirement plan - $353.00
    TOTAL - $1971.54

    After recalculating my personal items, Misc household goods were $338 - since many items are jointly owned by my husband.
    This is the total I have for Schedule B: $1734.54

    My personal items/household goods total $1058

    My questions:

    1. I went over the exemptions by $58, is the trustee going to take that property from me? I'm not sure how $58 in unexempt property is going to make a big difference in paying any of my creditors.

    2. If I'm surrendering the car, does it matter if I have $1000 in unsecured value in the car? Should I list that as exempt?
    None

    #2
    trustee probably wouldn't care about 58.00 waste of his time going after that small amount.
    other amounts sound ok...my atty knew what amounts were acceptable for my district
    when we put these on schedules...you should be ok...don't know about the car issue....
    good luck ...guzzie
    case filed : 6 -5-2007 :blush2:
    DISCHARGED ...9-26-2007..:yahoo::yahoo:
    case closed : 11-13-2007 :yahoo::yahoo:

    Comment


      #3
      Believe or not, I am learning that the trustee will tell you where to make some corrections.
      Success is reachable, stretch out your arm and grab it.

      Comment


        #4
        Usually if you have non exempt property the trustee will give you the chance to buy it out. So like you'd probably have to pay him 58 dollars in that scenario.

        If the car is being surrendered its equity value has no real meaning. You probably need to list its total value, and then not list it in exemptions. List the loan amount owed on it and check surrender if that's what you plan.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment


          #5
          Should I go ahead and submit the amended Schedule B to reflect the actual Misc household goods that I own and share with my husband?
          If I don't, then it'll put me over the exemptions by $295.

          I did use the Salvation Army website to calculate the values of those items... made a spreadsheet listing the total value, and the 1/2 that is my share... some items are primarly just mine and not my husbands, which I did list on the calculations.
          None

          Comment


            #6
            I think you are worrying way too much.

            It's excellent that you are preparing for your 341 meeting by reviewing your petition - this will make the meeting go easily, because you are familiar with your numbers.

            If you wanted to redo the schedules where you made the mistakes, then go ahead. Make copies of them and keep some for yourself - then bring a set with you in your file to the 341 meeting. If the trustee questions anything related to your exemptions (doubtful), then you would just nod yea, verily, and take out your amended schedules. Tell them you realized you made a mistake, and ... ask if you should file them at the courthouse or will he/she file them?

            You're an honest debtor - Chill!

            (do a little jig in your head)

            Comment

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