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Pet Exemption-Tools of the Trade?

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    Pet Exemption-Tools of the Trade?

    I am self-filing. I am using the Bridgeport? website, I'm not real impressed. I am just about done with the creditors, income and expenses(still working that one out). I got in financial trouble when I graduated from college in Aug 2001, with very little debt, then 9/11 happened, and jobs dried up. I was unemployed/self-employed for 18 months. I was holding my own with the huge debt I accumulated until this spring when I was diagnosed with MS and was off work for 3 months. The future is now a bit uncertain, and I have ~$25k credit/medical and ~$120k student loans (BS Bio, & MS Chemistry).
    My question is on our animals. My daughter and I have quite a few animals. We began breeding pedigreed cats about 1.5 years ago. I keep track of income and expenses, and I claim all of it on my tax return as self employment income(or loss..lol) Is it to far a stretch to claim them as tools of the trade? I was thinking of it like someone who works a day job, then does a say handyman side job at night or weekends and needs thier tools. If I were to sell them all today (and in a hurry) I could guess I'd get $1800 for them all, which is below the exemption limit for tools of the trade in Missouri. Will it raise major alarms? Should I use the wildcard instead? (I was hoping to save it for income taxes). Not sure what I should do here.
    If my health deteriorates in the next few years, my disability ins. would not be enough to live on, and I would have them to supplement.
    Thanks so much...I have really learned alot from reading other posts on here, its to bad the websites that you pay the $$$ to file don't have all this info available...
    Laura

    #2
    Just a quick note to you - I used Bridgeport - they were very unprofessional - I had to redo all my documents on form7.com---should have used it in the first place - it is only $39.95 - I paid for both. After you receive your final documents from Bridgeport and your time expires, there is no way to contact them - therefore, their guarantee is total BS!

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      #3
      I'm not sure about claiming them as tools of the trade-but you make a valid point if you claim the self employment income/expenses. I guess all I can offer is that what you're suggesting doesn't sound unreasonable. In the end, it may come down to the trustee as this seems to be an unchartered area.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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        #4
        I don't know that you can claim your cats as tools of trade, but I do know that they are considered assets when they are used for breeding purposes and you make an income off of them. Just as a farmer has livestock and they are considered assets. Thus the trustee will look at them as an asset. You might be able to exempt them under a wild card. This is something you may need to discuss with an attorney or paralegal.
        If you don't want to hire an attorney, try a paralegal that will help you with the paper work, but is a lot cheaper.

        Wish I could help you more,

        Minny
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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          #5
          How deep do they dig?

          Right now I have them just listed as pets with a value of $400. (I thought it might be a safer route than as tools of the trade) I have 6 cats and 2 are retired. I figured that IF I had to place them in a hurry, that I could get $100 a peice for the breeders. I could get more if I took a lot of time and did advertising, but a "garage sale" price for them wouldn't be much. Heck, in this little town, I'd probably have to give them away..
          Dad's words of wisdom "something is only worth what someone else is willing to pay for it.."
          I just don't know if they will question it if I just lump them together as "pets".
          I can't imagine them wanting to seize them to sell, that would be a major pain...believe me...lol

          Comment


            #6
            A trustee is known to ask if "you are a breeder"??..... so remember you will be under oath.....
            I was asked about my two dogs..... and they are just dogpound rescues and mix breeds....
            If you have filed already, I would not try to "sell" them before he 341 meeting..........

            Just a word of caution,

            Minny
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

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