Pro Se Joint Filers: Doubling Exemptions in ANY STATE

[Snuff]

Thanks "InDebtNeedHelp" for your contributions...ie., doubling, Pacer, et al

[InDebtNeedHelp]

I just double checked, and the quote is straight from the book.

[HHM]

This is an exact quote from page 26 of the recent NOLO book How to File for Chapter 7 Bankruptcy

Section 506 of the BK code (and 527(b)) have nothing to do with exemptions. If that is what the Nolo Book says, than it is WRONG. In fact, Section 527(b) is merely the list of disclosures that Debt Relief Agencies are required to give consumer. And as I previously mentioned, section 506 deals with "secured" claims and the value of "allowed secured claims".

[InDebtNeedHelp]

Using PACER, I found a person that filed jointly in MO using an attorney and they doubled their personal property and jewelry exemptions. Thank you to everyone that helped!!!

[eddiep]

I'm sorry I don't know, I have never used Pacer.

[InDebtNeedHelp]

Thanks! Making progress on PACER, also. Which link do I click if I want to view a particular person's exemptions? History/Documents?

[eddiep]

Sure, why not, can't hurt. Say you are just trying to clarify what you read
or call a local attorney, say considering filing saw info on line wanted to know if you double the household stuff

[InDebtNeedHelp]

Call his office?

http://www.moeb.uscourts.gov/ust_info.htm

Could you call the trustee's office and ask him to clarify whether it is 3000 total or 6000 for married filing jointly. It does seem like they are specific on the wildcard. Do you have access to pacer yet? You could see what others have done for exemptions.

[InDebtNeedHelp]

Who is the trustee? I haven't filed yet.

Yes, I am on PACER, but I do not see the search options that the PACER Manual claims that it has.

Could you call the trustee's office and ask him to clarify whether it is 3000 total or 6000 for married filing jointly. It does seem like they are specific on the wildcard. Do you have access to pacer yet? You could see what others have done for exemptions.

[eddiep]

Could you call the trustee's office and ask him to clarify whether it is 3000 total or 6000 for married filing jointly. It does seem like they are specific on the wildcard. Do you have access to pacer yet? You could see what others have done for exemptions.

[InDebtNeedHelp]

Right. The NOLO books says the same thing, but I am looking for something official from a Missouri government website to confirm. I am trying to confirm everything with official government websites, but the government websites are not very thorough.

I think I am going to keep everything below the listed exemptions (not use double exemptions for anything), just to be on the safe side.

And MO allows $3,000 for household furnishings, etc, not $1,000 as that website says:

http://www.moga.mo.gov/statutes/C500-599/5130000430.HTM

[eddiep]

I believe it says that it can be doubled unless otherwise specified.

Homestead and bank account can not be doubled because you live in a TBE state "It protects property that is jointly owned by a married couple as an "entirety" -- which is to say, as a single marital entity, not as individuals."

They do not specify household items, so I assume they can be doubled.

They are specific about the wild card exemption so they can't be doubled "$1,250 of any property if head of family, else $600; head of family may claim additional $350 per child."

[InDebtNeedHelp]

I read the whole thing the first time and again. I don't see anything about doubling personal property for married filing jointly.

Keep reading

http://www.legalconsumer.com/bankrup...ies#exemptions

[eddiep]

Keep reading

http://www.legalconsumer.com/bankruptcy/bankruptcy-law.php?ZIP=63366&CITY=O+Fallon&ST=MO&FEDCT=MOE&FIPS=29183&LOC=1198&LOCNAME=St.+Charles&SUB=3489&SUBNAME=Greater+St.+Louis-North&REG=3288&REGNAME=Greater+St.+Louis&CBSA=41180&METRO=St.+Louis+(MO+counties#exemptions

[InDebtNeedHelp]

http://www.legalconsumer.com/bankrup...s+(MO+counties)

It says:

Can you double exemptions for joint filers? (General principles)

If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).

The NOLO book states that in MO I cannot double homestead exemptions, but it says nothing about personal property, jewelry, etc.

indebtneedhelp

go to legalconsumer.com and search for your state's exemptions, they are very clear on what you can double in your state.