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Car value and federal exemptions

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    Car value and federal exemptions

    I don't own a home and will be using the federal exemptions when I file. My car is 9 years old and worth somewhere between $4200-5600 near as I can tell. Car is paid off.

    I am allowed an exemption of $3225 for my car. But I'm not sure how I can stack other exemptions. Am I limited to stacking $1075 even if I have more than than left? Is a car "real property"?

    What if the UST says my car is worth more than $4300 (3225+1075)?

    Relevant exemptions:
    522(d)(1) Real property, including mobile homes and co-ops, or burial plots up to $20,200. Unused portion of homestead, up to $10,125, may be used for other property.

    522(d)(5) - $1,075 of any property, and unused portion of homestead up to $10,125
    Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

    #2
    I believe 522(d)(5) is similar to the CA wildcard statute. I don't own a home, but can use CA's unused homestead (or any unused portion) to exempt any other asset. In this case, absent home ownership, you are allowed to use a portion of the unused portion of homestead up to $10,125 to exempt your car beyond the $3,225.00.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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