Notating Bankruptcy Exemptions

[TurnThePage]

Was wondering if anyone could list examples of Bankruptcy Exemptions on the Petition, and the applicable law that supports it. I'm basically looking for a general, blueprint format with state and / or federal exemptions.

[justbroke]

It's simple... you list the Statute or (State) Constitutional authority that grants the exemption. Property is listed on Schedule A or B and then exempted on Schedule C.

For example, Florida has a Constitutional unlimited homestead exemption under Fla. Const. Article X Sec. 4. If I'm exempting my home, I write "Fla. Const. Article X Sec 4." in the box "specific laws that allow exemptions." If you so chose, you could write it all out... "Florida Constitution Article X Section 4."

For example, Florida's vehicle exemption is in F.S. 222.25(1) so I'd literally write "F.S. 222.25(1)" in the box "specific laws that allow exemptions." If I had not used the unlimited homestead exemption, it became the unused homestead exemption wildcard, had a $2,000 vehicle, and had some leftover from that so-called wildcard then I'd put two things in that box: "F.S. 222.25(1), F.S. 222.25(4)."

Not all States allow the federal exemption scheme, and I don't think there is one that lets you combine them. There are some federal exemptions that always can be applied regardless of the exemption scheme chosen.

I don't like to give real examples because "how" to use exemptions amount to a.) a legal question, and b.) if you get it wrong you could lose property. I don't want you to lose property.

If you are trying to file Pro Se, then you should have a guidebook such as the one from NoLo which will explain how to complete the forms.

[flashoflight]

Was wondering if anyone could list examples of Bankruptcy Exemptions on the Petition, and the applicable law that supports it. I'm basically looking for a general, blueprint format with state and / or federal exemptions.

Whenever you need an example, you should do the following: Find a couple of good local bankruptcy attorneys and use PACER to look for their 13 petitions. You will run up a serious PACER bill very fast because each petition is 30+ pages so I'd suggest visiting the federal courthouse to make these searches and take pictures when needed. That will give you an idea of local conventions when filling out the petition. Make sure you know how to use PACER at the courthouse because those clerks will likely give you zero help.

[TurnThePage]

Thanks JB and Flash for the replies :-) I feel like it's "Finals Week" in a sense, as I have to submit all the paperwork in a short deadline.