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How late can I file an amendment to my exemptions?

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    How late can I file an amendment to my exemptions?

    I will be turning over my tax return printout to the Trustee sometime in the next two weeks. I am getting about $700 (+ or -). I kind of wanted to wait to see how much, if any, she is going to say belongs to the estate before I file the amendment to my exemptions. I have about $630 of a $1000 exemption for personal property left to use, BUT on my exemptions, I listed 75% of my disposable income as exempt under another exemption, thus leaving about $375 as non exempt. Obviously I don't want the Trustee to re-examine that and notice that I should be forking over $375 as well. Basically, I don't want to get into a pissing match with the Trustee. And I kind of wanted to wait because she didn't say anything about the $375 and the income tax refund is so small, that it may not be worth it to the BK estate. She gets what, 25%? Thats only $175 to her. And I've got almost 175K in debt, what would be the use of throwing $525 at that?

    Anyway original question - Should I wait to file the amendment until I see what the Trustees decision is?
    LifeNLemons In Nevada and Broke
    Filed Pro Se: 12.03.07 341 Meeting: 01.10.08 Last Day for Objections: 3.11.08
    Switched back to No Asset - Here we go!! Discharged: 3.12.08

    #2
    Life, I know you're pro se just like I am, so I definitely feel ya.

    Have you considered submitting not just one amendment, but a redone B & C schedule amendment that redistributes your amendments in the most advantageous way to you, considering the tax return AND the overlooked $375? Agreed that it's not a great idea to submit the amendments until you know what the trustee is *actually* going to do, but the bottom line -- as far as I see it -- is what dollar amount you're willing to lose in exchange for no further scrutiny and a timely discharge. Does that make sense?

    If I'm reading your post correctly, you have $630 unused exemption to throw at the tax return IN ADDITION to the currently unexempted $375. It seems inevitable that you're going to lose a part of that total. If you can redo B & C altogether and redistribute those exemptions, you may get a better deal, and it's not a pissing match with the trustee because you found the oops with the $375 and need to correct that anyway... get it? But again, you may add up the numbers every which way and decide to leave well enough alone.

    You can file an amendment as long as the case is open... and if that isn't enough time, you can reopen your bk later on and file an amendment then! So you're golden as far as the timeframe allowed goes. Good luck!!!
    Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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