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    Federal Exemptions - Married

    Well, tomorrow is the day for filing. I'm starting to panic about various things, but I know we have to do this. But I have a question. On the Federal Exemptions, it says "Married couples may double all exemptions." I know that seems pretty obvious, but I want to make sure.

    For personal property, it lists "Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $425 per item, "$9,300 total." Because we're married and jointly filing, does that mean we can exempt $18,600 total?

    Jewelry, it says to $1,150. So that would be $2,300, right?

    Lastly, the Wild Card. "$925 of any property. "Up to $8,725 for unused homestead exemption, for any property. So that would be $17,450 we can use as a wild card?

    That last one I'm particularly interested in. We have a 1st and 2nd mortgage, and combined we have no equity at all. So if I understand, for the homestead, we could then use that entire $17,450 for a wild card?

    Thanks.
    11/29/2007 - Filed Ch 7
    01/08/2008 - 341 Hearing
    03/12/2008 - Discharged
    03/21/2008 - Closed

    #2
    I have also been wondering and worrying about this matter, and wish the "experts" would give us an unambiguous reply.

    Comment


      #3
      According to my attorney you can use that entire amount for a wild card. I live in Michigan and have no equity in my home. I was worried about having money in my checking account at filing because of stuff I've read on this site. My attorney told me not to worry about it because I had PLENTY of exemptions to cover it. He said even if I had 4K - 8K in my bank account not to worry.
      Kari
      10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
      http://www.bankruptisnormal.com/

      Comment


        #4
        Originally posted by RickInMich View Post
        Well, tomorrow is the day for filing. I'm starting to panic about various things, but I know we have to do this. But I have a question. On the Federal Exemptions, it says "Married couples may double all exemptions." I know that seems pretty obvious, but I want to make sure.

        For personal property, it lists "Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $425 per item, "$9,300 total." Because we're married and jointly filing, does that mean we can exempt $18,600 total?

        Jewelry, it says to $1,150. So that would be $2,300, right?

        Lastly, the Wild Card. "$925 of any property. "Up to $8,725 for unused homestead exemption, for any property. So that would be $17,450 we can use as a wild card?

        That last one I'm particularly interested in. We have a 1st and 2nd mortgage, and combined we have no equity at all. So if I understand, for the homestead, we could then use that entire $17,450 for a wild card?

        Thanks.
        This is how my attorney explained it to me. I may have a shot at getting the very generous federal exemptions.
        It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

        Comment


          #5
          pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
          filed ch7 6-12
          341 7-25
          Discharged and closed 9-24

          Comment


            #6
            Yep!

            When it says "Married filing Joint, Debtors may double" means exactly that.

            If you're allowed $10K in Homestead Exemption and both spouses file, you can protect $20K in equity.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              Then the Federal Exemption of 11 USC;
              522(d)(1) Real property, including mobile homes and co-ops, or burial plots up to $20,200.
              would be doubled to $40,400 for those Married Filing Jointly?
              And that ...
              Unused portion, up to $10,125, may be used for other property.
              is also to be doubled?
              Just wondering why, if that is the case, that you used "$10K" in your example? Seems confusing

              Comment

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