Can I find an exemption for my bank account?

[Ndebted]

Thanks

[despritfreya]

Cannot answer that. Depends if there have ever been funds in your account that are not from wages. If there were such funds then it depends upon how your jurisdiction handles commingling as funds that have been mixed with other funds are no longer "traceable". This is something you need to ask a local bk attny about.

Des.

[Ndebted]

Looks to me like I can use it. My check is directly deposited so I can surely show that the money in the account is "earnings" is that correct?

[despritfreya]

Read this. . .

https://www.courtlistener.com/opinion/1863442/in-re-kramer/?

Especially footnotes 6 and 7 (and the paragraph in the case that cites those footnotes).

You try to exempt 75% of the higher amount by an amendment to B and C.

Creditors and the Trustee must be given the opportunity to object to the Amendment to C. Please review Bankruptcy Rule 4003(b)(1). You will have to find out if the Clerk of the Court notices out the amendment or if you have to.

Des.

[Ndebted]

Thank You I appreciate your time and help.

[despritfreya]

Give me a few minutes.

Des

[Ndebted]

CRS 13-54-104(2)(a), 5-5-105 Disposable earnings-greater of 75% or 30 X federal minimum wage

[despritfreya]

Please cite the exemption so that I can better answer the questions.

Des.

[Ndebted]

Thank You. One more question if you will. I believe I have found an exemption I may use for at least part of the amount. So this would require an amendment right?
And should I then list the 1500 amount or the 260 amount?

[despritfreya]

Your Schedule is fine. Trustee does not expect 100% accuracy. If and when he/she asks for the statement he/she will see the "mistake". There is nothing, and I mean "nothing" to be frightened of.

Des.

[Ndebted]

Do I need to amend my assets page? I listed the amount in the account as 269.00 Because that is what it showed when I looked at it on line.
Now I'm a little frightened that what I did will be considered fraudulent.

[despritfreya]

No need to be "sad". How much debt are you going to get rid of? Kicking in $1,500 to get rid of $________ may not be such a bad thing. Look at it as the "cost of doing business".

Des.

[Ndebted]

[despritfreya]

Unless you can prove the exact amount that was in the account at the exact moment you filed, you are dealing with a $1,542.51 problem. Assuming I am correct and the Trustee says "pay it", offer to pay it over time. Figure the Trustee is going to want full payment within 6 to 8 months so offer to pay it over 12 months and see what happens. At 12 months, and assuming no interest is charged, your payment would be $128.54 per month. The last month's payment would be a couple of cents higher. The shorter the time period to pay the higher the monthly payment.

Des.

[Ndebted]

Thank you despritfreya- the beginning balance on the day I filed was 1,542.51. My bills were electronically deducted that day so the end balance was 269.85.