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Wildcard exemption - Virginia

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  • newlife1
    started a topic Wildcard exemption - Virginia

    Wildcard exemption - Virginia

    How do I claim a wildcard exemption in VA? I filed a homestead deed for a real estate property. Does this cover the wildcard exemption I can use for tax refund or cash in bank or do I need to file another homestead deed for personal property with the city court? Should this be submitted prior to bankruptcy ch 7 filing or after the creditors meeting? Thank you for your help.

  • newlife1
    replied
    Thanks! Just to make sure I also submitted homestead deed for personal property

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  • LadyInTheRed
    replied
    If you are talking about claiming the exemption in bankruptcy, there is a schedule of the bankruptcy petition that is used to claim all exemption. If you file BK and want to get that cash back, you will need to claim it as exempt. As I posted in your other thread, I believe that if you use the homestead exemption to protect the account before you file BK, the cash in that account will remain exempt and the exemption available for BK will be reduced. Again, you need to talk to an attorney. I cannot be certain I am reading the law correctly or that there aren't other factors I am not aware of.

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  • newlife1
    replied
    Will there be a form for the wildcard? How about the cash that was garnished in my acct, do I need wildcard exemption for that, too?

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  • LadyInTheRed
    replied
    Welcome to bkforum.

    You claim the wildcard exemption on a schedule to your bankruptcy petition.
    Last edited by LadyInTheRed; 02-15-2016, 01:11 PM.

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