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Bank Accounts - How much is safe?

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    #16
    Originally posted by ksgirl38 View Post
    I guess I'm an idiot or something, but I'm not sure exactly what is meant by "clothing to last one year." Are they really going to itemize what's in my closet or are we talking about what money I would spend on clothing in a year? I guess the same would apply to a couple of these other categories.

    Thanks.
    You cannot exempt cash to buy clothing for a year (or any other exempt asset), you can only exempt clothing you own on your BK filing date. Nobody is going to come look in your closet, unless perhaps they have reason to believe you are hiding assets. The trustee doesn't want used clothing. Your exemption schedule of your petition will probably just exempt "clothing to last 1 year." The one year limitation is probably to keep somebody with non-exempt cash from going on a shopping spree right before filing BK and buying enough clothing to last for the rest of their lives. What will last 1 year is pretty subjective and if ever disputed would have to be argued in court. I really doubt the issue ever comes up, but you never know.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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