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Can I fight/disagree/challenge the Trustee?

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    Can I fight/disagree/challenge the Trustee?

    I am almost done with my C7 BK. 6 months post discharge. But not closed yet. If I don't use all of some exemption and overuse another, can I adjust? I did not use at all a $6,000 rental house exemption and I went over by $3,000 on my income tax exemption. Ended up losing the house altogether and seeing nothing. The trustee wants $3,000 in the extra taxes but will not adjust the house exemption to reflect that I did not use the $6,000. What do you think? On a side note, this guy is a piece of work. Thanks.


    #2
    Anybody have a guess if you can go back and change the exemptions?

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      #3
      Pleeeeeeese. He is sending me nasty notes to pay him immediatly.

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        #4
        Did you file pro se or have an attorney? If you were represented in your filing you should be checking with your attorney on this but I don't think you can borrow from one exemption to apply it to another exemption of a totally different item (i.e., if you did not use all of your income tax exemption or lost that could you apply that to your rental house exemption?)....I don't think so or the trustee would not be after that $3,000.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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          #5
          I think you can only do that with the homestead exemption and then only in certain states.

          You're going to have to pay him unfortunatly. Sorry.

          TS

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            #6
            My atty said to pay. I just assumed he did not want to make the trustee mad since he needs to work with him in the future.

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