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    So now here we are in Vegas 3 months later and things are finally looking up. I spoke to a few attorneys who suggested that I save my money and file Pro Se. I had already done much of the work and own a copy of the NOLO guide (gift from another Pro Se filer).

    Basically things got worse before they got better. My wasband (soon to be ex) tried to starve us out and refused to help with the kids so I got stuck with an unexpected daycare bill of $1000 a month. At the end of the last 3 months we had $300 left after paying rent, daycare, car note. We were sleeping on the floor and eating peanut butter and jelly sandwiches. My brother was sending me $1-200 a month. Then the daycare told me I had to pay in full by the end of the week or they were kicking the kids out.

    Finally, I decided that things were not going to get better through osmosis so I borrowed $8000 from my TSP. The kids needed clothes, I got a promotion and was told I needed clothes, son needs fillings, we need a couch, beds, etc. I have caught up with the daycare bill finally but will have to keep paying myself until I can sue for divorce/child support in August.

    Sooo, my questions are:

    1) Am I correct in thinking that I can use federal exemptions to protect the $4000 in my bank account? I moved from IL to NV in Feb.

    2) I am expecting an insurance payout of about $2000 from fire at my old property. Can I use this to buy the furniture we need and exempt the furniture.

    3) I got sued in IL and they got an ex parte judgement. Can anybody offer any ideas as to how long before they start trying to garnish? I want to beat them to the punch.

    I don't plan on exempting anything else. Just the cash and the personal belongings. I will affirm the car note for less than $300 a month and that's pretty much all we have.

    Any feedback?
    Last edited by runninfree; 04-26-2012, 02:14 PM. Reason: Add

    #2
    First, how current is that Nolo book? The guidebooks are very good, and helpful, especially if your going to be a pro se filer. However, you need to go online to the Nolo Press site, and make sure that you have the latest edition possible. Sometimes the online downloadable ebook edition is more current than the print edition. So if there is a newer guide available, I would consider purchasing it.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      I believe it is the latest edition, he just filed within the last few months, but I am also cross referencing everything through other sites and guides. It was the same one the attorney had.

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        #4
        I think I would have that 4k out of the bank until after you file, due to the risk of the judgment creditor taking it. ABSOLUTELY still list it on your BK - the federal wildcard from the unused homestead should cover it easily.

        Personally, I just would be leery of any cash in the bank that would be easy pickings for the judgment creditor. Anyone else think this too? Or am I being a chicken?
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

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          #5
          I agree with you and was actually planning on taking it out today. I was going back and forth over whether anyone could take it but I'd rather be safe than sorry.

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            #6
            runningfree, did the attorneys who recommend you file prose discuss whether you can use Federal Exemptions? Assuming you lived in Illinois for the majority of the 180 days before 2 year prior to you moving, you would use Illinois exemptions unless Illinois law prohibits non-residents from using IL exemptions. You can only use Federal Exemptons if IL law does not allow you to use theirs. This was raised in your other thread, so you may have already investigated the issue. From the link provided in that thread I found that a court in Wisconsin has ruled that Illinois does prohibit non-residents from using IL Exemptions. You can read the ruling at http://www.leagle.com/xmlResult.aspx...URR&SizeDisp=7. I have not read it, so don't know how clear IL law is on the subject. Keep in mind that while a the Wisconsin ruling can be used to persuade a judge that IL exemptions can't be used by a non-resident, a Nevada judge does not have to follow the ruling. If you use federal exemptions, you need to be prepared for the possibilty that the trustee will object to your use of federal exemptions. If you have not consulted with attorneys on this specfic issue, I suggest you do before filing prose.
            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!

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              #7
              From what I read at exemptions express (I've seen a lot of references to them since I started researching for my own filing), I believe Non-IL residents are permitted (if not required) to use federal exemptions.

              exemptionsexpress.com is your first and best source for all of the information you’re looking for. From general topics to more of what you would expect to find here, exemptionsexpress.com has it all. We hope you find what you are searching for!
              Don
              Filed Pro Se on 8/4/11 (No Asset, Chapter 7)
              Redeemed Automobile ProSe (722 Redemption),Discharged on 11/3/11

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