Florida Middle Dist. Clothes, furniture etc. Lee County and surrounding

[HenryHall]

I read a few alarming stories about trustee sending people out to homes to assess the value of personal property like furniture, clothes, Christmas tree ornaments.

But only in this one part of Florida. SW Florida.
AND the posts are all two to fours years ago.

Does anyone have more recent experiences in Florida Middle District to report?
Is this nonsense still going on? (what is the value of 50 pairs of smelly socks with holes in some of them or a couch with 3 years of wear on it or a fridge fit only for bottled beer, nothing anyone would want to eat?)

Has anyone been through chap 7 in Florida Middle District in the last year or so and can report on this topic please?

[stevie2012]

I'm in that area and had nothing like that.

[AngelinaCat]

HenryHall...!... Stop and calm down.

First of all, Welcome to the Forum. But I have to say that if you are going this 'nutzo', you haven't been reading the right posts.

Yes, there is/are a certain collection of keywords that will bring up whatever you wish to read in this or any other forum.

What I am going to tell you right now, and you MAY believe this, is that you have.... (hold onto your Ear Doors).... NOTHING TO WORRY ABOUT!!!!

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Now, with that said, Yes, the Tampa/Sarasota areas do tend to ask for evaluations of the homes that may be included in the BK. But it is only about your HOUSE, and whether or not you will surrender or keep it.

No one goes in and looks at your stuff.

(I know you don't want to believe that, but where YOU are now, where WE WERE THEN.)

We, 'Hub and I, have been there and done all of this agony before you. You will be okay. Please try to calm down and relax a bit.

[HenryHall]

I'm in that area and had nothing like that.

Please tell me when you filed. Thanks

HenryHall...!... Stop and calm down.
First of all, Welcome to the Forum.
... But it is only about your HOUSE, and whether or not you will surrender or keep it.
No one goes in and looks at your stuff.
(I know you don't want to believe that, but where YOU are now, where WE WERE THEN.)

Thank you for the welcome.
I'm in Lee County, just South of Fort Myers

So does that means that the post reproduced below is now obsolete (or perhaps never was accurate?)

The 2 Ft Meyers Trustees-Chapt 7,(Middle District, FL) usually send someone to your home to appraise your personal property. If you are keeping your home then you will only be able to protect $1k of personal property per spouse filing. ie. husband & wife both filing would get $2k in exemptions. If you are giving up your home, that is not taking the Homestead Exemption, then you are given and additional $4k per spouse for personal property...$8k for both plus the $2k which gives you $10k total.

We were appraised and after appraisal, with jewelery and all, we were about $5k over the $10k exemptions (we're not keeping the home) Still haven't heard if we need to buy back this amount or not. We were discharged a couple of weeks ago but still anxious on if we need to come up with any $.

All that being said, make sure you speak to your atty. for what is available and best for you.

All the best, and as everyone here that has gone through this bk thing say ...it does get better.

[AngelinaCat]

This may have happened to this particular person--I have no way to tell how truthful or accurate this account may be.

I only know that I have read of home appraisals being requested of members in the Southern part of Florida Middle District. But there have never been any stories of people coming in and looking at your underwear drawers in your bedroom.

'Hub and I are in the northern part of the Florida Middle District--specifically, the Jacksonville Courthouse.

We lived DAILY in mortal dread of what you are asking about, because our shendyflekkin ass****, attorney did not properly educate us regarding the bankruptcy procedures. We made many mistakes we should not have done, had she prepared us properly.

Then we found this wonderful Forum. It was too late to help us, but we stay here, to help folks like you....

I hope this helps....

[stevie2012]

I filed three months ago - awaiting discharge.

[HenryHall]

Thank you, both of you. Bless you both.

Any more data points for SW Florida in the last 12-18 months from anyone else would be appreciated.

[DeadManCrawling]

This was a trend a few years back, though we were not subject to an appraiser. The people in the court room who WERE were all over median by quite a bit, obviously up to something sneaky, or had assets that were certainly or probably undervalued.

Note, we were in the Tampa area, also Middle District. There is one trustee here who is notorious for ordering appraisals, and we had her. However, of the group we were in, maybe 50% out of 20 or so filers had appraisals ordered. I think it is far more common with this one trustee in particular.

I wouldn't worry about it. It is unlikely. If it DOES happen, it is usually an attempt to get you to buy back some items at a reduced rate. For instance, if you end up over by 5 grand, you can always lowball them and offer to pay one grand, or something similar. Or if the items just aren't important, tell them to come get them. In almost all cases, they drop their claim. Unless you are hoarding valuable gems or artwork. Most of us ain't.

Really, you are safe in all likelihood.

[brokeinfl]

We went through an appraisal in MDF. My truck was worth way more that could be exempted, but don't know what actually triggered it though. If it happens, don't worry about it, they don't root through your closets or dressers, at least the woman we had didn't and the number she came back with was beat down to about what we anticipated having to pay anyway. Seemed like kind of a waste of time on the trustees part.

[justbroke]

There was one major reason that Trustees ordered appraisals in two of the 3 Districts in Florida (Middle, Southern) was that prior to the Florida Supreme Court's decision in 2011 (SC09-751). It was common that a homeowner filing bankruptcy and staying in the home, could not claim the "unused" homestead exemption (found in 222.25(4) -- I didn't look this up, so double check) which was $4,000. It was specifically in cases where the homeowner "kept" the home (whether it was reaffirmed or a "stay and pay"). This left the debtor with only a $1,000 wildcard to cover EVERYTHING else. When I write "everything else" I mean everything except the debtors car.

The Trustees figured that there is no way a person that lives in a -- at the time -- typical 2,400-3,000 square foot home in Central and South Florida, could have only $1,000 in no-vehicle assets. They were right in most cases. The Trustees typically went after -- ordered appraisals -- where the debtor mysteriously had only $1,000 in assets (non vehicle) but lived in what was an average sized home or a home in a particular area (or a person with a particular income).

I had a Trustee known for these appraisals, but my case was a conversion and I was very honest about my valuations and even listed my large-screen TVs as separate line items. This may have shown that I was not hiding anything.

So with the additional $4,000 per debtor available, it is less likely they would send an appraiser since the ruling. Additionally, the unused-homestead exemption is a "wildcard" and it is doubled if you are married filing jointly. Combined with the $1,000 statutory wildcard exemption, that could be $10,000 in exemptions for a couple filing jointly.