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Quick Exemption Question??!!!!

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    #1

    Quick Exemption Question??!!!!

    If my state allows for clothing, wearing apparel, etc...to be unlimited, does this mean that the trustee cannot touch this no matter how much I and my hubby own in clothing, shoes, etc..? I guess I don't understand if this is federal law that they cannot get this, or if they still have a say in it?

    I guess it doesn't make any sense if they are an 'exemption' and can still be taken?

    Help!
    Tags: None
    #2
    If your state doesn't limit it, you should be fine. Not that this is reason to go stock up on $1000 suits, etc. LOL! That might be seen as a frivolous purchase right before BK!
    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.

    Comment

      #3
      I need to know this too

      Hi Jess

      Good question. I need to know this too. I don't have alot of clothes so they are not worth alot, however I need to know whether or not to list the value of my kids' clothes. It's suppose to be the debtor's assets not the debtor's dependents right? And if there's a max. amount is it per person or total amt - say the $500 limit per family. If I have to include my 3 kids then thats 4 people - $125 each person is not for a total amt - a pair of sneakers can cut into that amount. I don't think that the trustee would want my kids' clothes.

      sbb

      Originally posted by Jessika1012
      If my state allows for clothing, wearing apparel, etc...to be unlimited, does this mean that the trustee cannot touch this no matter how much I and my hubby own in clothing, shoes, etc..? I guess I don't understand if this is federal law that they cannot get this, or if they still have a say in it?

      I guess it doesn't make any sense if they are an 'exemption' and can still be taken?

      Help!
      Hooters MC: $1700
      First Premier Platinum MC: $450
      Orchard Bank MC: $300 Juniper Visa :$600
      Target Card: $200 Capital One:$1500

      Comment

        #4
        I need to know this too. If our family's clothes don't add up to much do we even have to even mention it? I'm so confused on the exemption part of this!! I was ready to file without a lawyer but that part is making me wonder.
        angeln

        Comment

          #5
          Petitions I've seen on PACER for our area break out clothing seperate. Generally the amounts are small for filer and spouse. Most times attnys just put $100 each. I've seen a couple where the attnys put down as much as $250 each. But that's only for the filer and their spouse if filing jointly.

          I've never seen any mention of other dependents clothing in the petitions/schedules.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment

            #6
            clothing..etc..

            Most of my purchases online were for brand name clothing, shoes, etc..stupid things in the end that I should have never have put so much money into. I was a cumpulsive shopper out of depression as well as my hubby just putting everything he wanted on CC's. Pathetic and true. We have learned from our mistakes and will never do it again. It took a toll on our brand new marriage and we want to make things right.

            Good luck to all of you with the same question on what can and how much of this can be exempt when filing chapter 7. This forum is full of great people with a lot of great insite. Thanks to all of you.
            Last edited by Jessika1012; 03-08-2006, 07:58 PM.

            Comment

              #7
              You add everything up using garage sale type values. An expensive leather jacket? Maybe $20. A pair of underwear? 25 cents. Your stuff is not worth as much as you think.

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