First time Pro Se in FL (married filing solo)

[hkdaisy]

New member here, I'm looking to file pro se Chp 7 no asset. Bought the Standard Legal Software to help file and got the NOLO book. Had a couple of qts pls:
1. is there a difference b/t filing this yr vs filing a/f Jan 2012?

2. if I am married but filing solo, do I have to involve my husband's assets (vehicle, checking acct balance, income)?
Do I have to list his assets in means test, schedules...etc.

3. where do I find specific law allowing me to get the exemptions in FL, or do I just list 11 U.S.C. § 522(b)(3) up to $4,000?

In the Standard Legal Software I purchased, it suggested that on Form B6C, Schedule C - Property Claimed as Exempt (Carefully consult your state’s exemptions in the State-Federal Exemption chart that is applicable to your state – these charts, for all 50 states and Washington DC are provided with this software). However, there was no chart that I could find so I wanted to double check in this forum.

Thank you in advance for your help.

[justbroke]

1. is there a difference b/t filing this yr vs filing a/f Jan 2012?

No. However, the Trustees are REALLY interested in "anticipated" Tax Refunds this time of year!

2. if I am married but filing solo, do I have to involve my husband's assets (vehicle, checking acct balance, income)?

Yes and no. You absolutely need to include your spouse's income. However, you can "offset" it using the "marital adjustment" to account for liabilities that are soley your spouses. For example, if your husband bought and titled a vehicle in his name only, and obtained a loan in his name only, then you can take that payment as a "marital adjustment" to the included income. Your spouses checking balance and assets don't matter unless you have joint ownership of the account and assets!

Do I have to list his assets in means test, schedules...etc.

So long as he is not filing jointly, then you do not list "his" assets. However, and just to repeat, you would need to list assets that are jointly titled. Even if they are TBE (tenancy by the entireties) or connected by the words "and" or "or" on Florida titles.

3. where do I find specific law allowing me to get the exemptions in FL, or do I just list 11 U.S.C. § 522(b)(3) up to $4,000?

No, you can't use "Federal" exemptions. You must either specify the Florida statute (F.S. 222) and/or the Florida Constitution (Article X Section 4). You may want to pull a few cases in PACER to learn more about the statutes. Getting them right can be VERY important.

In the Standard Legal Software I purchased, it suggested that on Form B6C, Schedule C - Property Claimed as Exempt (Carefully consult your state’s exemptions in the State-Federal Exemption chart that is applicable to your state – these charts, for all 50 states and Washington DC are provided with this software). However, there was no chart that I could find so I wanted to double check in this forum.

I would never use THEIR chart. You could look on Legal Consumer's website (legalconsumer.com) or just search. I like to read the ACTUAL STATUTE or the Florida Constitution under Article X Section 4.

You need to really look at what's provided in the Statute versus what's provided in the Constitution. If you have ANY ASSET (money in the bank, a coin collection, stamps, dolls, a purebred animal, a lot of furniture), you really need to do it RIGHT!

[hkdaisy]

Wow, thank you so much JB! I see why you are the BF Wizard ) I will sign up for a Pacer acct along with checking out the FL Constitution link. My husband and I don't have joint accts or own any assets together. I have a lease on a car ( not planning on keeping) along with a timeshare (paid in full, deeded but can't afford to pay taxes or maintenance) so I put them both on Schedule G EXECUTORY CONTRACTS AND UNEXPIRED LEASES, correct?

Thank you again and hope you have a wonderful Christmas weekend!

[justbroke]

Oh no... not a timeshare! Some Trustees just don't like these and abandon them right back to the debtor! They are just that bad. If it's deeded real estate you could have other issues where pre-petition taxes and fees are discharged, but post-petition taxes and fees are your responsibility.

Whether it goes on Schedule G -- although Schedule G suggests it -- is really about how your particular timeshare is organized. Many Florida timeshares -- like Disney Vacation Club -- are deeded real estate interests. This is where you actually have a deeded interest in one of the buildings and/or a particular unit. This would go on Schedule A! If this is a deeded time share, then you would not be able to "reject" the ongoing maintenance fees and dues as an "executory contract".

justbroke's random thought: timeshares are one of the worse pieces of property to dispose of. You almost need to give them away.

Hopefully, the Trustee wants it and will sell it themselves. Otherwise, if you have trouble getting rid of it... there are some charities that make take it as a donation.

[hkdaisy]

Unfortunately the deeded timeshare's taxes & maintenance fees were all paid up in 2010 (all taxes and maintenance fees are due every 3 yrs.) not due again til 2013. I changed it to Schedule A per your suggestion and can only hope the trustee will want it. If not, I will try to give it to a charity.
Do you know if:
1. the donation of the timeshare will be tax deductable?
2. how do I find out how much I can deduct?
I paid almost $11,000 for it back in 2006.

Thank you so much for your helpfulness.

[hkdaisy]

Also, on form B 8 (chp 7 indv debtor's statement of intention) do I list my timeshare there to be surrendered? and ck the box "Not claimed as exempt?"

Much appreciated...

[justbroke]

I apologize but I generally don't tell people exactly where to put things on forms since that goes beyond mere suggestions. However...

1. the donation of the timeshare will be tax deductable?
2. how do I find out how much I can deduct?
I paid almost $11,000 for it back in 2006.

It should be deductible. However, I would speak with a tax expert since you may have been depreciating it and may be subject to recapture tax. I not a tax expert so I have to defer this to someone knowledgeable in this area.

Also, on form B 8 (chp 7 indv debtor's statement of intention) do I list my timeshare there to be surrendered? and ck the box "Not claimed as exempt?"

If you are surrendering property (real or personal), then yes, you list it on the Statement of Intention. You would indicate "surrender". Additionally, if there is no exemption, then you'd select that box as well.

[hkdaisy]

Thank you very much! Trying to file BK pro se and taxes all in a month seems crazy but it kinda feels liberating to start the new year with a clean slate. Have a wonderful and safe New Year!