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Trustee objection in middle district Florida!!

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  • Trustee objection in middle district Florida!!

    So little backround, I filed for chapter 7 in middle district Florida and used the wildcard exemption AND tenancy by the entirety (house me and my wife own)
    to exempt my house.

    Seemed like everything was going good, the 341 meeting went perfect and my case was discharged!

    Then my lawyer emailed me and said that the trustee objected because apparently they think I shouldn't be able to use the wild-card exemption and keep my house utilizing the tenancy by entirety exemption!

    Lawyer said there will be a court hearing a few months from now but I should not be worried and that they have a snowball's chance in hell at winning there appeal (trustee)

    Should I be worried??? I am sure I am not the first person in Middle District Florida who is married and claims tenancy by the entirety and the wild-card exemption in a chapter 7 case???

  • #2
    IANAL, but from what I understand the trustee has until 30 days after the 341 meeting to file an objection to your exemptions or a motion to extend the time to investigate your exemptions. I was told that if the trustee does not object within 30 days or file a motion to extend, then your exemptions are considered valid by the non-action of the trustee.
    If the trustee didn't file anything regarding your exemptions at the 30 day deadline, I'd be asking my attorney why it's happen now, especially after a discharge was granted.

    I'm hoping more experienced members will chime in, as I am also in a situation where the trustee questioned my exemption at the 341 but never filed an objection or extension & it's past the 30 days (I'm actually a few days short of my 60 day deadline). The point of going through bankruptcy is to obtain a fresh start, and without a prior motion of objection or extension, I'd be asking my attorney to address that.

    Comment


    • #3
      boomboom makes a good point. Make sure the objection is timely.

      The FL homeowners exemption and wildcard exemption issue sounds familiar. justbroke , do you know anything about this?

      ​​​​​​
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


      • #4
        If you claimed the exemption and the trustee did not object within 30 days he is out of luck. He would be tine barred from making any objection to claimed exemptions. My parents had a rental property that the trustee in their case was trying to take, but they claimed an exemption he failed to object to and he had to let it go.

        I would ask your lawyer why the trustee would not be time barred from objecting at this point.
        Case Closed > 2/08/2010

        Comment


        • #5
          I just asked my lawyer that question, I will get back to you guys when he responds!

          Comment


          • #6
            I just feel like I can't be the only married guy in the state of Florida who has used the wild card and claimed tenancy by the entirety because my wife is not filing bankruptcy, and the only shared it between us is the house we have separate bank accounts and everything else is separate!

            Comment


            • #7
              You are not the first. The following links are to an article about a ruling in a case in Orlando on the exact issue and to the opinion in the case. Keep in mind that since this is the original ruling of the district court and not an appeal, the ruling does not establish precedence. Also, the case is 6 years old and there could be relevant precedence now that didn't exist then. The judge in your case could rule differently. It sounds like your attorney is confident that he will not.

              https://fleysherlaw.com/blog/bankrup...in-bankruptcy/
              http://pacer.flmb.uscourts.gov/fwxfl...64125110097067
              ​​​​​​​
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment


              • #8
                As for the TBE, it has been used, but it really depends on how the home is titled (was it purchased when you were married and titled in both names). Additionally, some Floridians use the Unlimited Homestead Exemption because the home is not titled as "Mr. Jone Doe, and Mrs Jane Doe" or they have joint debts. That entire are of law on TBE is tenuous and there isn't a lot of caselaw. A Trustee is going to challenge a TBE claim of exemption in almost every case.

                The question will remain, if you reference the few cases that are out there, is whether you and your non-filing spouse have any joint debts. If you do, the objection to claim of exemption may be valid which means you are receiving the benefit of the homestead exemption and, therefore, can't receive the benefit of 222.25(4).

                You may have to prove that you have no joint debts. Just because you have separate banking accounts, doesn't mean you don't have any shared debts. This will go to a hearing before the judge for a ruling. I would take this simply as a Trustee challenging the TBE claim and being thorough. I don't know if your attorney will be able to convince the Trustee to drop the objection so, again, this will likely go to a hearing.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #9
                  We have no joint debts and yes we were married when we bought the house and both our names are on the title, the only joint debt so to speak I can think of is I co-signed for my wife's student loans I don't know if that will make a difference.

                  Comment


                  • #10
                    And there's definitely going to be a hearing there is already a court date set it is June 13th

                    Comment

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