top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Federal Exemptions Wildcard?

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Federal Exemptions Wildcard?

    If I read the legal lingo correctly, it appears I can exempt my $10,000 claim against Uber by tapping the unused Federal Homestead Exemption, "currently set at $13,950," according to Nolo (https://www.nolo.com/legal-encyclope...-property.html)

    What do you think, Des? I'll also ask one of the "Pro Se Bankruptcy Attorneys" @ my appointment in a few weeks.
    Tags: None
    #2
    I wish I could comment on the use of Federal Exemptions. I am in an opt-out state and rarely use the Federal list. Your best bet is to discuss with an attorney who routinely uses Federal Exemptions. Sorry. . .

    Des.

    Comment

      #3
      Florida has opted out from allowing the federal exemptions so I have no experience as to whether they restrict how the wildcard is utilized.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

        #4
        Washington is one of those states that allow either the State or Federal Exemptions .. I'm just not 100% sure if $10,000 cash can be exempted with a Wild Card, or if I'm missing the fine print somewhere.

        Comment

          #5
          No one wants to give you the wrong information and you lose property or money.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

            #6
            Originally posted by TurnThePage View Post
            Washington is one of those states that allow either the State or Federal Exemptions .. I'm just not 100% sure if $10,000 cash can be exempted with a Wild Card, or if I'm missing the fine print somewhere.
            If you have way more time than money, go to the federal courthouse and get on the PACER terminals for unlimited free searches with the names of the most highly regarded local BK attorneys that don't run a BK mill and does 13s. You're looking for a petition or two where the federal exemption was used on a lawsuit and didn't draw an objection from the CH13 trustee. That would provide the best indication that your strategy works without actually hiring a lawyer. You can do the same thing for any other risky strategies you're not sure of or if you want to find a model chapter 13 prepared by a local pro.

            Make sure you already know how to use PACER before going. The courthouse clerks in my area are terse and not nice. They will not teach you PACER. Use your smartphone camera instead of printing at an extra cost.

            Comment

              #7
              Thanks all. I remember I subscribed to PACER during my first Ch. 7. I always wanted to keep an eye on my Adversary Proceeding against the Department of Education, as well as any possible incoming AP's from creditors.

              The model Ch. 13 blueprint is a good idea. My bankruptcy will be a bit more unusual with the spin on a vehicle cramdown for business.

              Comment

              Previous template Next

              bottom Ad Widget

              Collapse
              Working...
              X