New Jersey Story

[tobee43]

thanks tom...we are done thankfully...completely!!

with the exception of getting that nj house's deed out of our names. that's going to be a task and a half!

[tcreegan]

Colo, good exemptions

Hi toobee43,

Colo exemptions are pretty good, on par with federal or much better. 60K homestead exemption. No wild card though.

Good luck w/ your BK!

Tom in Colo

[helpmeout]

You said:

please ...i'm NOT only a paralegal but an excellent one..and you are NOT....

My response:

Then why are you having such a hard time understanding the law? You aren't even able to post a link to the law in Florida that allows the use of Federal Exemptions. Whereas, another poster here who is a paralegal posted the link to the law that states that Federal Exemptions can NOT be used in Florida.

You said:

i have said time and again i did NOT file federal in florida....PLEASE educate yourself one way or another.

My response:

Actually, I have educated myself. Which is why I knew that not all states allow the use of Federal Exemptions. Unlike you.

You said:

....but STOP.

My response:

@@

You said:

....because READ more carefully....it's what WE are TRAINED to do......

My response:

So when are you going to actually start reading more carefully? Because I haven't seen any evidence of your ability to read carefully.

You said:

i did and do establish to be a reside for 2 years

My response:

And as soon as you established residency in Florida, you lost the ability to use Federal Exemptions. Says so in the Florida Law. Perhaps you should read it more carefully? Another poster posted a link to it for you. Although, being a paralegal and all, you shouldn't have had to have the link provided for you. You should have been able to go and find the law that backed up your claim and posted a link to it here.

You said:

....STOP DRINKING!! LOL and get real....please.

My response:

So because I point out that you are giving out inaccurate information, I am drinking? Hate to burst your bubble (not really), but I rarely drink.

You said:

and true....i could post anything i want...it's just i'm not a liar...EVER

My response:

Except when you keep insisting that all states, including Florida, allows the choice. It has already been proven that not all states do.

You said:

...however...you really need to review yourself.

My response:

No, I don't. But you really could use a lot of refresher courses in the law.

You said:

..deeply...and leave me alone....really....you're sad.

My response:

Defensive much?

You said:

actually we are ALL in sad situtions and don't need the LIKEs of you feeding off of people's sadness..

My response:

What we don't need is the likes of you giving out misinformation.

You said:

..really...and i'm not caring whom thinks what at this point...

My response:

Somehow, I'm thinking that you care a whole lot. Otherwise you would have just ignored my post.

You said:

LEAVE ME ALONE...period...i'm smarter....better educated and you need to READ before you write.

My response:

Smarter? No, you are not. What you are is immature and naive. Better educated? I doubt it.

Oh, and I do read. Quite a bit. And I actually comprehend what I read. Even the post that had the link to the Florida Law that clearly states that Federal Exemptions are not permitted in Florida.

[LadyInTheRed]

tobee43, you stated in one page 2 of this thread:

.... personally i think it's dangerous when you give incorrect info as you have done

You gave incorrect information and repeated it several times in this thread. Because of the danger in that, others tried to correct the misinformation. You replied by continuing to argue, insisting you are right and insisting that people provide evidence. You weren't satisfied with the evidence presented. When I quoted state law as evidence of the point others had made, you stated that you were aware of it.

You may not have said that you filed using federal exemptions, but you did say that you had a choice of state or federal after 2.6 years. That cannot be true. I don't mean to call you a liar. Perhaps you remember incorrectly. Or maybe you were given incorrect information and it was luck that you chose the State exemptions.

Perhaps you lost track of where the disagreement was. Do you or do you not agree that some states do not allow you to choose federal bankruptcy exemptions, but instead require that you use the state exemptions? You started out by disagreeing and continued to do so. If you are as smart as you say you are, you will see your error and admit it rather than acting like people are attacking you.

Here are some samples of your statements:

however, in nj, as in all states you have the choice to go either "state" or "federal" bankrupt....using one or the other's guidelines....in your case i figured it had to be federal.

also...and i should have further explained all bankruptcy's go via federal court...however, you have a choice on whether you want to apply the federal or state's bankruptcy exemptions to your filing.

you can chose to go federal anywhere in the US that you live. it's just being from nj i would never use nj for my bankruptcy, i would chose the later...that being federal had i filed there.

yes, i did rechecked my notes...all say you have a choice....you can either use the federal exemptions or state...whichever suits your personal situation best.

actually, however, this information was current in 2009. once again...can you tell me which states it is mandatory that your file under their guideline exemptions? ....i would really like to know since the information from boston u law school differes from what you say.

thanks mono!! now that's a list one can bank on......or can one.....interesting enough....this is a FACT....i do know first hand that florida is one that allows either as well....since we filed in florida and had our choice of which we wanted to go....florida or federal...go figure!!!!

....and yes, i did and have reside in florida for over 2 years and YES, i had WE were able to chose whether to go florida or federal. what are you suggesting i'm not telling the truth about that??? THINK...if possible...what's the point?????

[snipped]

FACT: we filed and lived in florida for 2.6 years and had a CHOICE...either to go federal exp...or state exp....end of story! i'm not a liar...PERIOD.

There may be more examples. I stopped at page 2.

[sillywalks]

not in GA!

I can vouch for the FACT that you cannot use Federal Exemptions in Georgia. I can only use the state exemptions (speaking of pitiful!).

"Georgia Bankruptcy Exemptions

Be the first to review. Print
This list of exemptions updated December 2009. All law references are to Official Code of Georgia Annotated unless otherwise noted. Federal bankruptcy exemptions are not available in Georgia."

http://www.thebankruptcysite.org/exemptions/georgia.html

Reading these posts, it is clear toobee43 that you were arguing that any of the states offer use of the federal exemptions (and that your professors told you so) -- clearly that is not the case. I wish it were true, though!

yes, i did rechecked my notes...all say you have a choice....you can either use the federal exemptions or state...whichever suits your personal situation best.

actually, however, this information was current in 2009. once again...can you tell me which states it is mandatory that your file under their guideline exemptions? ....i would really like to know since the information from boston u law school differes from what you say.

once again, i'm not really caring either way. however, when you make such a statement, i'm just asking you to back your statement. and, NOT by having me back up your statemen by me for YOU.... i have never heard any state allowing BOTH exemptions. doesn't mean i'm correct.... you file in file court using a choice of either the state or federal exemptions.

just provide the list of the states you claim this can be done and then i can accept your position, if not, i can't. i am very interested to know as i'm certain those in filing in those states would also like that information.

thanks! looking forward to the list.

[tobee43]

helpmeout....

please ...i'm NOT only a paralegal but an excellent one..and you are NOT....

i have said time and again i did NOT file federal in florida....PLEASE educate yourself one way or another.....but STOP.....because READ more carefully....it's what WE are TRAINED to do......i did and do establish to be a reside for 2 years....STOP DRINKING!! LOL and get real....please.

and true....i could post anything i want...it's just i'm not a liar...EVER...however...you really need to review yourself...deeply...and leave me alone....really....you're sad. actually we are ALL in sad situtions and don't need the LIKEs of you feeding off of people's sadness....really...and i'm not caring whom thinks what at this point...

LEAVE ME ALONE...period...i'm smarter....better educated and you need to READ before you write.

[helpmeout]

MOM "]Amazingly enough, you still haven't posted a single shred of evidence to back up a single word you've typed."


PROOF:

Filed Consumer Chapter 7: 4/2010
341 meeting: 6/2010
No-asset distribution report finalized: 8/4/2010
Discharge of Debtors: 8/4/2010


i promised i wouldn't...but i couldn't resist......and then REALLY HONEST...i'm done.....

LOL!! please it's laughable...i'm not feeling intimidated at all. quite the opposite.

Not enough detail to be considered proof of anything except that someone was discharged.

Doesn't say anything about who, the state, or the state of residency.

In fact, I could post something similar and claim that I was discharged from Colorado. And no one would be able to tell one way or the other.

[helpmeout]

i'm not here to be challenged and i do not claim to know everything. i learn everyday something new.... however, my law professors where some of the best there are....so excuse me if i THINK the information provided by them is more believable than what you have provided by copying and pasting something on google.

FACT: we filed and lived in florida for 2.6 years and had a CHOICE...either to go federal exp...or state exp....end of story! i'm not a liar...PERIOD......[/B]

I do not for one minute believe that you were able to file in Florida and use the Federal Exemptions when the BANKTRUPTCY LAW states that you can only use the exemptions IF the state allows it. Since Florida does NOT, you lived there less than 2 years and are now trying to save face.

You claim to be a paralegal or have gone to college to become a paralegal.

You of all people should know where to look to back up your claim that ALL states allow the choice between the state exemptions and the federal exemptions.

Your law professors are quite simply wrong. Believe it or not, law professors (or any other kind of teacher) are not infallible.

[tobee43]

no...we wanted to stay there, but could not because of the upcoming winter. we had a place in fl that we had been establishing residency.

we each came down at different times...so i know it sounds somewhat confusing...however, i would rather NOT disclose many details even tho we have been discharged....one of us went to and fro during these 2 years. this past winter we had to make certain that we paid no more extremely high heating bills.....like $600 monthly when the house was closed up but two rooms.... so i have left out much info i understand it's difficult to read between the lines. nothing was illegal, however, one of us still had a job at the time until the layoffs continued.

as far as the foreclosure we have filed a complaint with HUD and FHA since the bank refuses to remove our names off the deed until the foreclosure is completed. (that's another thread). and, although the amount of the mortgage was discharged...the deed remains in our names.

[geye]

we lived in the house for over 33 years and they began to foreclosure on it 9 months ago.....just to clarify that. that house is in nj....however, we have been in florida over 2 years..

Sorry, I thought that when you said the foreclosure was 9 months ago and you had to move before winter hit, and then later when you said that 9 months ago you were with the bank rep trying to work on a loan mod but realized it was going to foreclose, I got confused. It sounded like 9 months ago is when you moved

Carry on and forgive me being OT

[tobee43]

quite aware...that is why we waited the two years out....thank you for the clarification.

[LadyInTheRed]

Well, I may not have gone to Boston U. for my paralegal training, but my modest state university education taught me how to look up state laws to support my assertions on what the law actually is. Given such an excellent education, I'm sure toobee43 is capable of the same thing. I can't imagine why he/she wouldn't share this Florida Statute:

222.20 Nonavailability of federal bankruptcy exemptions.--In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0222/ch0222.htm

[tobee43]

ahhhhhh....yes, of course a bk ONLY takes place in a federal court....thank you tom....

this has gotten way way out of hand, picked apart and totally misconstrued

it started with the simple story of nj....blah blah.....

so hows the laws in colo??

[tcreegan]

BK is federal

Just to keep the record straight:

BK is a federal process done in a federal court.

Property exemptions, one part of the BK process, can be from the federal list or a state list depending on what your state has decided.

No states only allow the federal list to be used anymore.
Some states allow both the federal and state list to be used.
Some states only allow the state list to be used.

Calif. actually has 2 state lists!

On the federal or state exemptions states, some are "either or" but the best ones are "pick and choose"

Just trying to keep everything straight...

Tom in Colo

[tobee43]

we lived in the house for over 33 years and they began to foreclosure on it 9 months ago.....just to clarify that. that house is in nj....however, we have been in florida over 2 years.

it was made clear that whatever situation again suits one's needs is the best to use.

the people from florida need to get the advise from their own attorneys and if they chose to go pro se...well they will find out the harder way.

as you had asked me why i didn't do it myself...paperwork is easy...connections in the court room take a bit more than a handshake and a howdy.

i would suggest to anyone wanting to file in any state to get the advise of an attorney. that's just my feelings on the situation.