Appraiser visit...what to expect?

[justbroke]

I am in the middle district of Florida and they are all nighmares. I gave my car up to the trustee in my attorney's parking lot and it is sitting there for weeks. Told I had to keep ins on it but it doesn't belong to me anymore. Now what is that all about?

That's because it does belong to you until there's actually a Court Order and disposition. Just like my house sitting there... unoccupied for three months... which I clearly was going to surrender. Just sitting there... and I have to keep insurance on it!!!

Just the "technical" nature of Bankruptcy proceedings.

[peppylady]

I am in the middle district of Florida and they are all nighmares. I gave my car up to the trustee in my attorney's parking lot and it is sitting there for weeks. Told I had to keep ins on it but it doesn't belong to me anymore. Now what is that all about?

[Overmylimit]

So should I expect them to come to my house? I live in Ca

[Footprints1973]

What district in FL? I have heard of one trustee in middle district giving people nightmares.

Hi fltoo, I Pm'd you...getting paranoid that trustee's have moles reading these boards...ya never know....

FP

[justbroke]

Ahh, forget it. I was being mean.

[fltoo]

What district in FL? I have heard of one trustee in middle district giving people nightmares.

[Footprints1973]

They can attempt to appraise what's in clear view, pictures on the wall, furniture, statues type of items, etc. but absent of a court ordered search warrent they cannot go through any drawers or closets.

Oh, that's goodl. I'll put just but my fur collections, diamonds, rolex watches in my drawers....oh, and my thourghbred horse in the closet.:


But seriously, that does make me feel a little "invaded".

Thanks
FP

[magyar123]

They can attempt to appraise what's in clear view, pictures on the wall, furniture, statues type of items, etc. but absent of a court ordered search warrent they cannot go through any drawers or closets.

[paintinrosesred]

Let us know if they go in your undie drawer!! I wonder if you can follow them around??

[justbroke]

FYI, I use this document (or I used this document) to list the Statutory and Constitutional exemptions for Florida.

http://www.naldp.org/download/exemptions/Florida%20EXEMPTIONS.pdf

You'll clearly read under "Personal Property" exemptions that you receive $1,000 for single and $2,000 for joint. That exemption comes from the Florida Constitution Article X Paragraph 4(a).

You'll also read under "Personal Property" exemptions that you receive $4,000 for single and $8,000 for joint. That exemption comes from the Statutes (222.25(4)) This is only if you don't claim a homestead exemption.

There was a case in which the Trustee held that you can't get both. But two very smart Courts stated that a "Statute" can't override the Constitution. The Constitution can only be overridden by amendment. Hence, you get both the Statutory $4,000 and the Constitutional $1,000.

[Footprints1973]

Just FYI, it's per Debtor, as per Florida Statue 222.25. It is in the same paragraph -- without qualifications -- as 222.25(1) which is for the $1,000 automobile exemption.

Thanks everyone! We have more wiggle room than I thought.
I'll let you know how it goes....

Footprints

[FreshLikeADaisy]

Thanks for the clarification, Justbroke! Good to know it's in there unequivocally, in case it comes up again.

[justbroke]

I'm personally not sure about a double unused homestead exemption for joint filers since I filed singly, but you DO at least get one.

Just FYI, it's per Debtor, as per Florida Statue 222.25. It is in the same paragraph -- without qualifications -- as 222.25(1) which is for the $1,000 automobile exemption.

[FreshLikeADaisy]

Footprints, ditto to what has already been said regarding the $4000 unused homestead exemption. I don't know if you're trying to keep a home or not, but if you have no equity in a home that you are trying to exempt (in other words, you own a home but it has no equity, or you don't own a home at all) you're eligible for it.

Don't forget about your $1000 motor vehicle exemptions, either: if you have a car (or cars) that's another $2000 for you ($1k for each filer). Unlike the unused homestead exemption, though, the motor vehicle exemptions MUST be applied to motor vehicles -- it cannot be applied to any other asset.

Several people on this board have gone through the appraiser visit -- I know Southernbelle posted at length about hers, and I have read other posts as well -- so if you do a search on that you'll probably find a few reassuring posts. I haven't heard a horror story yet, put it that way.

Good luck!!!

[justbroke]

Thats crappy that they are coming to you home? Why did they pick you for that? Looks like I've read someone else in Fla got that also. Is it a Fla thing or what? Anyone in Ca. have an apprasier come check out your home? Wonder how common that is in Ca.

The Trustee has to audit a certain percentage of cases. It's like 0.4%, so 1 in 250 get the "full" treatment.