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Help! Sticky Asset Question

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    Help! Sticky Asset Question

    Three years ago, I purchased an IBM laptop that was a lemon. The mfr is FINALLY going to give me a cash refund of $1832. I have already agreed to purchase a used laptop from someone for the same amount. However, I must also purchase an additional $700 in extra parts and software from this person, bringing the total spent to $2500.

    I'm thinking I should probably just list my old laptop with a value of $1800, even though I just shipped it back to the mfr, and then deal with replacing it after I officially file BK.

    Otherwise, I will have to show the $1800 as expected income, and the $2500 that I intend to pay as a debt. Or complete the transaction, and show that I paid this person the $1800 plus $700 in cash.

    As a freelance writer in CO, I can claim up to $10,000 in office equip exemptions as Tools of the Trade. But the Court still might see this expense as a luxury and deny it as valid.

    In case you're wondering about the high dollar amount -- I feel it's a good deal because the cpu can be switched out in the future, it has all the extras I will need while travelling, and it will save me mucho dinero in the long run.

    All suggestions appreciated. Thank you!

    #2
    Uh, I think if you can't pay your bills, you should buy a cheaper laptop. Just my opinion of course. But I bought a used laptop 3 years ago for $250 and it's been wonderful. Sure it's not the best/greatest/latest thing in the world, but it's a far cry from $2500 too!

    Sorry for being so blunt, I just know there are cheaper laptops then $2500. That's crazy!

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      #3
      Well if you just shipped it out, then it is no longer your asset. But the expected refund is. Do you have any way to exempt the refund?

      Comment


        #4
        tools of the trade

        I believe the refund is exempt under Tools of the Trade, proceeds from broken equipment.

        I can see now that this is a rather complicated question, so I will go ask an attorney about my options.

        But thanks for the replies!

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          #5
          Yeah, ask your attorney. Tools of trade is a narrow exemption, the laptop would have to qualify as a "tool of trade" which I believe usually means that without said equipment you could not earn your income.

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            #6
            tools of the trade

            Thank you for the clarification. I believe I have that covered, but will ask an attorney to make sure.

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