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Chapter 7 BR exemptions?

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    Chapter 7 BR exemptions?

    Hi, I have been looking for a board like this for over a month now! It doesn't come up easily on search engines. Anyway, I will be seeing a lawyer for the 1st time tomorrow for my free consult on filing BR.

    I don't think I could do a Chapter 13 but a Chapter 7 scares me. Would I lose everything. Florida's personal exemption is only $1000. Would they really come in and clean out my home of my things? What things exactly are considered assets. I know they won't take anything that is my daughter's but what about things that are mine that are hers too? The computer, the camera, the TV, the DVD player. The furniture. She uses it too. The dishes. I really can't find reference to these things. My bed. Florida's exemption for a vehicle is $1000. My 10 year old car is worth abt 3-4K and it's paid for. I need my car to work to get my daughter around. How does this all work? I'm just plain scared. I hope the lawyer that I speak to can clarify things more for me.

    I hope this board provides more personal info so I know what to expect. I feel so scared. I've been praying for guidence if this is the right thing to do. I believe it is. I will someday pay off that debt, I just can't do it at this time in my life.

    My story in short: A Debt Management program hasn't worked for me & when I contacted them for the 2nd month in a row to let them know I couldn't make my payment they wanted to put me into a Debt resolution program. I don't think that will be the answer. I just can't make ends meet after my divorce & now I have to fend for my own medical expenses (I was under Tricare prime - my ex is military). My ex was paying me an extra $100 in child support before the divorce but decided to listen to his lawyer & pay what the state figures. I'm now paying just over a $100 in medical insurance premiums thru my employer but the deductibles on my prescription meds are killing me also. I have Rx's that used to have deductible's of $3, $6, $9. They are now $10, $25, & $40 under my new insurance plan. All that used to be money that was paid to the credit cards. I just don't have it anymore, I've been borrowing from my retired parents the last two months just to make the rent, cause late fees & bounced checks have been eating up my free money also. I can't keep going like this.
    We can plan our lives but we can never plan the outcome.

    #2
    Welcome, chmastal! Many of us have been where you are right now or are also pondering ourselves if bankruptcy is the right path. You've come to a good place with good people just like yourself who want to help!

    Whether you can file a Ch 7 or a Ch 13 depends on how your income and expenses come out on the required Means Test. You live in Florida, so the average income there is . Is your income above or below that?

    Here are some very helpful websites that explain bankruptcy in a way that's understandable by regular folks like ourselves:


    Attorney, lawyer, and law firm directory to find a lawyer, attorneys, and local law firms. Lawyers.com is the #1 lawyer directory.

    You can follow the links on each website to find out more details about Chapter 7 and Chapter 13 bankruptcy.

    Here are the 12 questions you need to ask every lawyer you meet with - http://research.lawyers.com/lawyer-i....html?site=537

    And lastly, when you file bankruptcy, don't worry - they don't come clean your house out of your belongings. You will be able to keep your car.

    It's wonderful that you already have an appointment to speak with a bankruptcy lawyer - that will clear up a lot of your questions. Be sure to make appointments to speak with several lawyers that specialize exclusively in bankruptcy in your area. Most bankruptcy lawyers give free half-hour to hour long consultations so it won't cost you anything but your time. It's good to meet with several because it will give you an idea if you can work with a lawyer and also you will find that there are some gray areas in the current bankruptcy law - it helps to hear several lawyer opinions about what's best in your individual situation.

    Hang in there - we're here for questions or support when you need it. You are not alone!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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