top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Filed CH7 today, but emergency petiion though

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Filed CH7 today, but emergency petiion though

    My attorney filed for me today. Ch7 I'm not sure what to feel. I know doing this is the right thing to do, but I feel so empty now, like I've done something so wrong.

    Anyways, she filed an emergency pettion because there is some question about wheather or not I can use Tenessee's exemptions, or Alabama's (where we live now). We have been in AL for 19 months now.
    The question is if TN allows there exemptions to be used if your no longer a resident of their state. If not, then even better we get to use the federal exemoptions She doesn't want to risk it, so she put in a call to an attorney she knows that is practicing in TN. Better safe than sorry right? We don't want anything to raise a red flag on our paperwork.

    And for those wondering 7 or 13, we are over the median income. But, the means test shows us $743/month in the hole. So that qualified us for a 7. Yup, -$743 every month LOL!
    Filed Ch7 - 10/2/07 no asset
    341 Meeting - 10/29/07
    Discharge - March 2008 forgot the date

    #2
    Jason: That isn't $743 in the hole not including credit card bills or other debt you are looking to discharge in the bk, is it?

    Are you keeping a house or cars? Any other debt other than that?
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    Comment


      #3
      Tennessee has no say in the matter - I'm surprised your attorney doesn't know this. You file in Alabama Courts, but may have to use TN's exemptions due to length of residency. It's pretty clear-cut - read the residency requirements section of the law.

      Comment


        #4
        Keeping the house and car.

        She is well aware that TN exemptions is what I will have to use, but she wants to be 100% sure. Alabama says I have to use the previous states exemtions (Tennessee's). But, she said there are some states that do not allow use of their exemptions unless you are a current resident of that state. So, she is double checking to make sure Tn isn't one of those rare states. It isn't hurting anything to check, so why not be careful about it.
        Last edited by JasonK94Z; 10-02-2007, 01:14 PM.
        Filed Ch7 - 10/2/07 no asset
        341 Meeting - 10/29/07
        Discharge - March 2008 forgot the date

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X