What does this mean?

[mike9302]

UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
In re

Debtor. Case No.:
NOTICE OF OPPORTUNITY TO OBJECT AND FOR HEARING
THE COURT WILL CONSIDER THIS MOTION, OBJECTION OR OTHER MATTER WITHOUT
FURTHER NOTICE OR HEARING UNLESS A PARTY INTEREST FILES A WRITTEN OBJECTION
WITHIN 20 DAYS FROM THE DATE OF SERVICE OF THIS PAPER. IF YOU OBJECT TO THE RELIEF
REQUESTED IN THIS PAPER, YOU MUST FILE YOUR WRITTEN OBJECTION STATING THE
SPECIFIC GROUND OR GROUNDS ON WHICH YOUR OBJECTION IS BASED WITH THE CLERK OF
THE COURT AT , AND SERVE A COPY ON THE MOVANT’S
ATTORNEY,

IF YOU FILE AND SERVE A WRITTEN OBJECTION STATING THE SPECIFIC GROUND OR GROUNDS
ON WHICH YOUR OBJECTION IS BASED WITHIN THE TIME PERMITTED, THE COURT WILL
SCHEDULE A HEARING AND YOU WILL BE NOTIFIED. IF YOU DO NOT FILE A PROPER WRITTEN
OBJECTION WITHIN THE TIME PERMITTED, THE COURT WILL CONSIDER THAT YOU DO NOT
OPPOSE THE GRANTING OF THE RELIEF REQUESTED IN THE PAPER, AND WILL PROCEED TO
CONSIDER THE PAPER WITHOUT FURTHER NOTICE OR HEARING, AND MAY GRANT THE RELIEF
REQUESTED.
TRUSTEE’S OBJECTION TO
DEBTOR’S CLAIM OF EXEMPTIONS
Comes now , duly appointed and qualified Trustee in the above
styled cause, and objects to Debtor’s claim of exemptions and as grounds says the fair market value
of the Debtor’s personal property is greater than the value set forth on the Debtor’s schedules B &
C. Trustee further prays for an Order limiting Debtor’s claim of exemptions to the amount
allowable under Alabama law.
WHEREFORE, after notice and hearing, Trustee prays for an Order sustaining her
objection determining the actual fair market value of the Debtor’s personal property, and limiting
the Debtor’s exemptions to the amount allowable under Alabama law. Trustee requests such other
and further relief as the Court may deem proper and just.
Dated: ___08/26/08_________
/s/

CERTIFICATE OF SERVICE
I certify that on this __26th __day of ___August_______, 2008, I have served a copy of the
foregoing objection to exemption upon the following persons either electronically or by U.S. Mail,
first class postage prepaid, at the following addresses:






I filed pro se. I did mess up on a couple of things. I did not list my personal property on schedule c for the exemptions. She told me at the meeting I was over the exemption allowance because I placed the value of a car at 3,000 which is the wildcard allowance and then didnt put my personal property so I understand that. I have amended all of the forms and it is a little under 3,000.

With this in pacer also it shows another meeting scheduled. If I were to turn in my corrected papers with the court would I be fine? Or do I need to do something else?

[AngelinaCat]

Hi Mike, since you are still on the Board, please go back in under 'edit' mode and XXXXX out the name of the trustee, and any other identifying information. The Moderators don't like personal names being given out. Meanwhile I am going to study this and see if I can figure it out. Thanks!

[b_girl]

Take out the address and phone number, too.

Sounds like she definitely has a problem with your assets. Good luck on sorting it out. I'm not familiar enough with pro se to know if you have done enough to satisfy your trustee...hopefully someone else does.

[AngelinaCat]

Hi Mike: Thanks. I would go ahead and file the ammended paperwork anyway. Hopefully that will clear this up, and hopefully one of the pro se filers will see this. FreshLikeaDaisy is one, and Southernbelle is another.

[mike9302]

I was extremely nervous and she was nice. She didnt seem to be angry or show any anger disgust towards me. One of the people at the table gave me a pen and paper and the trustee named off what was wrong. I immediatley went home and started working on it. And I now have it corrected. I will turn it in probably tomorrow. I also forgot to mention one creditor which is a cable bill for 312 that I fell behind on and am having it disconnected and dont think that will cause an issue at all.

But she rescheduled the meeting to sept 22nd at 11. So I am taking it this is good. I am going to turn this paperwork into the court and I will even scan and email it to the trustee and ask if things look up and up. I dont know if she would respond or not but I will try.

[AngelinaCat]

I don't think you will have a problem talking to her--or more likely her assistant--since you are pro se. We had a very bad BK attorney, and when we tried talking to our Trustee the office staff kept saying you need to talk to your attorney. Communication with our attorney was one of our biggest problems.

Good luck to you and your family!

[soleprop]

am i looking at this all wrong or is this just the kickoff of the 60 day waiting period? it looks like "hi so you have some time to object and i'll listen if you're going to."

and the second bit looks like "yeah he gooned up his exemptions and i think maybe they're worth more than he says they are."

i think you'll be fine if you:

• get your questionable property appraised or at least print out the kbb values on the vehicles
• amend your schedules with these values
• make sure that all property listed in sched. B is somehow exempted in sched. C
• be prepared to have the trustee declare yours an asset case if the above can't be done in a satisfactory manner (meaning you'd have to do the payment plan thing to buy back your nonexempt assets and this money will go through the trustee to the creditors)

that's still not the end of the world, ask Acat and Ahub, and Southernbelle.

you'll be ok, the bk isn't getting dismissed or converted to ch13, the trustee is just forcing you to sort out your assets or he/she will do it for you

[mike9302]

I dont think the trustee will be interested in my property. The Toyota Camry has over 100,000 miles and is a 96 model and worth about 2400 and is in both me and my moms name so I claimed half for exemption. The Bronco II would be hilarious to watch her take since it is an 84 and just a good hunting vehicle. It is spray painted gray with rust, no carpet, a broken window, and down right ugly. My Nissan truck I owe about 9016 on and the value is about 4500 but I am negotiating a lower amount with Citi Auto.

The rest of my possessions are just household items, kitchen, bed, clothes, etc. Nothing worth a lot. I mean if she wants my particle board dresser, have at it lol.

Besides my dad just declared bankruptcy and the trustee was not interested in the Camry. His attorney listed the value as 1/2 claimed or 2,000, I am doing 1200 so 200 more.




I think the last poster is right and she just wants me to correct my exemptions. The mistake I learned that I made was that I had only listed the toyota camry and said the value was 3,000 and did not list my personal possessions and that is where she is saying I went over. Well with the new adjusted amounts my exemptions come to a total of about 2700 so I am under.

I am just freaking out and wondering if submitting the amended documents is enough or do I need to do something else? If resubmitting the documents is good enough then I am good. If the trustee for some reason object to the value of the Toyota Camry which I dont think she will I can show her my fathers bankruptcy papers showing what was claimed there (If I am wrong please tell me).

[CountryGirl]

Hey Mike,
Take a peek at KBB, our attorney said to use the trade in value and adjust slightly down for the "Auction Value". Better yet, if you have acess to it look up the Black Book Value....I would have had to pay for that access so I just adjusted Kelly's Blue Book Trade-In Value. This was how the attorney figure our vehicle values. He said, at least in our area, those were how to figure the numbers.

It's all good, sounds like the Trustee wasn't "out to get you" but wanted the paperwork right. You must have something listed for personal property, so a lack of would certainly send red flags. I suppose no on owns NOTHING. Take it one step at a time.

[BKParalegal]

Mike, I think I saw in another thread, that you use the ALA Code 6-10-126 for Household Goods, Personal Vehicle, Jewelry, Wearing Apparel etc (basically unlimited exemption) and ALA Code 6-10-6 as the Wild Card, you only want to use the Wild Card for anything that doesn't fit into the exemptions above, like Cash, Checking Accounts, Boat, etc.

Good Luck

[mike9302]

I called the trustee's office today. I got her assistant and she was very nice and informative. I told her of the situation and she told me to go ahead and file the amendments and watch pacer. She said I probably will see an entry from her of no money to distribute from creditors. I asked her if the overall situation was bad and she said no and attorneys are usually always updating things like this. I told her I will amend the forms and wait a while and then maybe about a week before the new meeting which is Sept 22nd I will give them a call to see the situation and she said that is fine.

I think I am good though. I am not sure if I am in the 60 day club or not. I dont know if it started now or will start after Sept 22nd? Any info would be nice.