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Should I file chapter 7 bk

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    Should I file chapter 7 bk

    Can they take any of the following????
    1. I have a house that I owe like 65k and it is worth about 110k
    Here's a link to Florida's bankruptcy exemptions - http://www.bankruptcyinformation.com/FL_exemp.htm . Florida has generous homestead exemptions - your home is probably safe.

    3. I also have a car that probably has 12k left on the loan?
    Depends on how much the current market value of your car is minus the 12K. In other words, how much equity do you have in the car? Since you are married, you can protect up to $2000 in equity.

    2. I have two tv's
    4. I have 5 surfboards.
    5. I have 3 beds that are all being used.
    6. I have clothes, can they take my wife's/children's clothes?
    7. I have one computer.
    8. I have an outside standup freezer too.
    All of these count as household possessions. Unless the surfboard or TV resale value is high (over $1000), It's highly unlikely you would lose any of these if you file bankruptcy. One thing that could cause an issue is if you purchased any of these items using a credit card within the last 90 days or with a cash advance within the last 70 days. Have you?

    Can they take any of this stuff in the bk? If so, would I know before anyone came over to take it or to see what they would take?
    Only partially or totally unprotected valuable items with a value high enough for a trustee to want to come after them are at risk when you file bankruptcy. And no one is going to come over to your house to see what you have unless the trustee thinks you are hiding valuable assets. And even then, they can't just drop in. They will send the sheriff with a warrant.

    Could I just take any access stuff to a relatives house?
    What you are suggesting is hiding potential assets and that's bankruptcy fraud. You don't want to go there, especially with an insider family member. You can find yourself in a heap of trouble by doing that.

    Hope this helps. What you really need to do is make appointments with 3-4 Florida bankruptcy lawyers (most give free or low cost initial consultations). You'll learn a lot and have a much better understanding of your situation after that.
    Last edited by lrprn; 02-22-2008, 09:52 PM.

    #2
    I think lrprn pretty much nailed it. Used consumer products are worthless to a trustee. The cost of collecting, storing, insuring and refurbishment makes it a money losing proposition. Lawyers don't spend years in school just to run a "Sanford and Son" operation.
    I'd file before they domesticate the judgment and just get this behind you. Be sure your lawyer knows about the judgment and any other legal action against you.

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      #3
      Thanks keepmine. So you don't think that they would take anything then right? Is that normal?

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        #4
        You've nothing of any value to a trustee.

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          #5
          Thanks bossman!

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            #6
            Knowing how trustees are theyll take your surf boards to make you suffer or stipulate that you must never surf for 5 years. just kiddding!

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