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Exemptions and assets

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    Exemptions and assets

    I filed a 7 under the old rules in 2005. I had an exemption of about $3450 on a lot that eventually was surrendered to the trustee. He has sold it. Will I get this amunt back automatically?
    Also, I had borrowed and paid about $15k to a contractor to put up a cabin on this lot two weeks prior to filing the 7. He ended up being a fraud and I was able to file a claim early this year and get the money back. But the money was sent directly to the Trustee. Anything I can do??

    7 filed on 10/14/2005
    Discharged on 1/17/2007
    not yet fully closed

    #2
    Cut your losses on the $15K. You borrowed $15K and filed bk 2 weeks later. You're lucky the creditor didn't file an adverserial proceeding that could have jeoparized your entire bk.
    Contact your attorney about any money you may be due on the sale of the lot but don't be surprised if the trustees fees to distribute the assets didn't eat up any residual.

    Comment


      #3
      The $15K was in flux prior to filing BK. That means it becomes a part of your BK Estate. Unless you applied an Exemption to a portion of all of those funds, the Trustee can keep that money and disburse it to your Creditors.

      The other money,........ The $3450,......... If it was covered with an Exemption,.......... The Trustee should return those funds to you.

      You might want to check your original BK paperwork to verify the Exemption was properly applied. The correct Statute was used. That sort of thing.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment

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