Preparing to file Ch7 and questions before 341 meeting

[justbroke]

I met a paralegal today and he mentioned to me that i have $6,000 from federal exemption. How does the Federal exemption work? if I lived in Florida for more than 90 days, am I eligible to such exemptions?

thanks

specialop99 is this paralegal only a document preparer or are they working for an attorney? I would be a little cautious if you are getting legal advice from a non-attorney (who doesn't represent an attorney). I'm sorry but I'm too confused as to whether you are represented or still attorney/venue shopping.

Okay, I'm sufficiently confused, because the unused homestead exemption is more than $6K with the federal exemption scheme.

I will defer back to despritfreya because... well... I'm confused.

[despritfreya]

How does the Federal exemption work? if I lived in Florida for more than 90 days, am I eligible to such exemptions?

As I said, since you have not lived in a particular state for two years you are probably using Federal exemptions. It has nothing to do with living in Florida for more than 90 days. The 91 day rule has to do with being able to file the bk.

For info on the Federal exemptions try

http://www.nolo.com/legal-encyclopedia/federal-bankruptcy-exemptions-property.html

Des.

[specialop99]

If I have no assets, like cars, house, apartment, and only a checkings account with ~$1k, how will the Federal Exemptions work in my case? Do i add up everything in my personal property exemption?

thanks

[despritfreya]

If I have no assets, like cars, house, apartment, and only a checkings account with ~$1k, how will the Federal Exemptions work in my case? Do i add up everything in my personal property exemption?

You really need to be discussing these specifics with an attorney in Florida (local to where you will be residing). Getting specifics on how to proceed in your case without a proper evaluation is probably not a good idea.

Des.

[specialop99]

i have decided to file after 91 days and stay in Florida until the 341 meeting. How long does it take after filing for the 341 meeting to take place? Is it a court?


thanks

[despritfreya]

How long does it take after filing for the 341 meeting to take place? Is it a court?

Someone from Florida needs to answer this one. In Arizona, the hearing is about 30 days after filing and is held in a small room at the court. Don't know about Florida.

Des.

[specialop99]

Thank you for all the help. Discharge April 29, 2016.

[justbroke]

i have decided to file after 91 days and stay in Florida until the 341 meeting. How long does it take after filing for the 341 meeting to take place? Is it a court?

I can speak for the Middle District of Florida. The 341 Meeting date is assigned immediately upon filing (if you are Pro Se and file on paper). The 341 Meeting date is actually generate upon filing and is on the receipt they give you. However, if an attorney files electronically, they may need to wait for the "standing order" and Notice of Bankruptcy to be issued to determine the date. Even then, it's typically pretty quick and the Notice of Bankruptcy is issued within 3 days and docketed in PACER (CM/ECF).

The 341 Meeting is typically within the statutory period of 30 days. I think mine was exactly 29 days from filing. The meeting location depends on the District. In some parts of the Middle District it's help in the same building as, but not on the same floor as, the bankruptcy court(rooms). In other parts, it's held in the Trustee's office building which is not in the same building as the Bankruptcy (or District) Court(s).

They are not allowed, by law, to hold the hearing before a judge or in a courtroom. As Des wrote, it's typically a small room. In some really small locations, they call debtors into the room in small groups while others wait outside the hearing room.

OH, and you were discharged, so CONGRATULATIONS!