Filing date/ bank account balance and 341 meetings

[sophia]

I will be filing when my bank account has the lowest amount in it as per my lawyer.
Is it okay once the lawyer files the case to let my husbands direct deposits start building up before we have the 341 meeting?

The meeting with the lawyer went so fast, but I am pretty sure he said that from the date the case is filed starts a new day.

In other words they are looking at everything preceding the file date not after.

We plan on trying to exempt our tax refund so that will be disclosed already.
I'm going to file tomorrow and have it direct deposited and not touch it at all just to be safe.

[Trixie007]

That sounds like a good plan... we are getting a state refund that we will try to exempt, unless we get it before filing, which doesn't seem likely (California). My plan is to let it sit if we get it after filing, because if it comes down to it, we'd rather give it to the Trustee than be pushed into a Ch13.

[sophia]

That sounds like a good plan... we are getting a state refund that we will try to exempt, unless we get it before filing, which doesn't seem likely (California). My plan is to let it sit if we get it after filing, because if it comes down to it, we'd rather give it to the Trustee than be pushed into a Ch13.

Our goal is to fit both cars which are old and not worth much, all our furnishings and kids stuff, and whatever is in our bank account which is not much and our measly $1400 of employee stock into the 12 grand total we have in exemptions.


In anticipation of any problems that could arise, which I see does happen from reading the forums here, I think even if we exempt the tax refund it seems better just to leave it alone.

What do you think?

[jeb]

Sohhia, if you are filing in FL, how do you come up with 12 grand in exemptions? - jb

[sophia]

Sohhia, if you are filing in FL, how do you come up with 12 grand in exemptions? - jb

1000 each for car, 1000 each personal property and 4 grand wild card each to use for any exempt stuff, 12 grand total per the lawyer..is he wrong???

[freshstartfl]

Doesn't sound right to me. I don't think you each get your own set of exemptions when filing jointly.

[OhioFiler]

Doesn't sound right to me. I don't think you each get your own set of exemptions when filing jointly.

Reading the "How to File Chapter 7 Bankruptcy" book it indicates you should double your exemptions when filing jointly unless the state statute indicates you can not.

[freshstartfl]

I am single/filed single so it never applied to my case, but i asked a similar question on another thread. It was a couple filing jointly in a state with a $3500 car exemption, and the answer was that they couldn't keep one car worth $7k. So, I am not for certain on much of anything in a joint case, lol.

[sophia]

Doesn't sound right to me. I don't think you each get your own set of exemptions when filing jointly.

Lawyer told us the 4 grand wild card was for each of us.

[jeb]

As I understand it, the 4 grand is available if one does not use the homestead exemption - since a couple filing and using the homestead exemption would be using it for one home only, sounds strange that they would give 2 4 grand exemptions but I don't know for sure on that. - jb

[sophia]

Everyone says don't worry..

But now I am wondering if my lawyer was wrong.

He has been in business 10 years, wouldn't he know the correct exemption amounts??

I mean him saying one thing and it being the other would have us totally screwed...

[Jade]

Sophia your lawyer told you right. In Florida if you don't claim the Homestead Exemption you can use the $4 K wildcard for personal property - in a joint filing that does double to $8K.

[sophia]

Sophia your lawyer told you right. In Florida if you don't claim the Homestead Exemption you can use the $4 K wildcard for personal property - in a joint filing that does double to $8K.

Thanx for the reply!!

I feel much better now

[StartingOver08]

But I think there is an issue as to whether you get a total of $12k or $10k. I believe it is $10k and there is another thread on this forum specifically speaking to this (as apparently there is a difference in the districts). I am in the Southern District of Fl and was only allowed a total of $5k (I filed by myself). How many attorney's have you spoken to about BK?

Your attorney will make a huge difference. I had a friend of mine file at the same time (within 30 days) and she used a different attorney and did not get nearly the benefits I had. Specifically she had to move from her home within 30 days of filing and I am still in my surrendered home until the final judgement comes, per my attorney's instructions.

[Jade]

Thanks for picking that up. I hadn't read the OPs earlier messages -I was replying to whether you can double up exemptions if filing jointly-and yes you can.

Whether you can use the wildcard exemption in addition to the $1000 personal property exemp or to replace it? I don't know. Sophie you may want to clarify that with your lawyer. The bankruptcy laws are really complicated nowadays.