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Chapter 7 And My Personal Penny Stock

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    Chapter 7 And My Personal Penny Stock

    Hello,

    It appears that I will be filing for Chapter 7 bankruptcy in early 2007. I really don't see any other alternative. I am single and live in the state of Virginia.

    My gross yearly income is about $20,000 from disability retirement, and my debt load is about $40,000. Most of it is from credit card debt.

    As far as assets, all I really have is my furniture and my car, which is paid for, and which I estimate has a current Blue Book resale value of about $2,000.

    There is one other little asset I have. I own about $1,000 worth of a penny stock from Scottrade in a taxable account

    Yeah, I know. This probably sounds mighty stupid to most of you. But I have faith in this little stock. It's like my "pet."

    In case you're wondering, the stock is TDCP.PK.

    A pink sheet penny stock, no less. Now you must really think I'm dumb.

    Okay, here's my question.

    When I file for my Chapter 7 bankruptcy, can they seize the value of my penny stock? I have read that my furniture is exempt. Is this stock exempt too? Remember that it is not in a retirement account -- it is in a taxable account.

    Here's another wild case scenario. One which probably has a one in a million chance of happening, but with penny stocks, these things do occasionally happen.

    What if the value of my penny stock shoots up to, let us say, $10,000 or more during 2007. Can they seize the value of that stock?

    Any information on the above would be deeply appreciated.

    Thanks in advance.

    Happy Holidays!

    Dennis

    #2
    Any unused portion of your Homestead Exemption can be used as a WildCard to protect anything you want. The Homestead Exemption is $5K plus $500/dependent.

    You mentioned disability,................ If you are a disabled Veteran, you can also take an extra $2K Exemption. According to the wording I saw, it looks like you could apply that to anything you wanted.

    http://www.bankruptcyinformation.com/VA_exemp.htm

    There are others here better qualified to address the "What if?" scenario should your investment boom.
    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...

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      #3
      DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

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        #4
        Virginia allows Federal exemption. He can allocate the unused homestead exemption to protect up to $10,000 in stocks. So, if his penny stocks go up by 10X , he will still be protected.

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