some questions, filing soon

[poorold]

This site is really incredible and has been extremely helpful.

My situation--filing chapter 7 in about 2 weeks. below median income by 1,000 so no means test. wife and I are recently separated. I live in the house that is being foreclosed.

Here's a tricky one and I do not agree with my attorney!

I have not resided in Florida for the 730 days required to use Florida's exemptions, though my wife has and we are filing jointly. I resided in Georgia for the 180 days preceding my move to Florida.

According to my reading of the BK Laws, I am required to use Georgia exemptions--which are wonderful compared to Florida exemptions.

My attorney said "let's not complicate it, we'll just use Florida exemptions. I am completing the paperwork and have NOLO book and can annotate the exemptions properly and unless he has a good explanation, I will demand he file using Georgia exemptions.

My question is...

My wife's car has about 6,000 equity. I am not on the title. Can I use the 3,750 car exemption (GA, FL is only 1,000) available to me towards her car equity? In addition, because I will not be claiming a homestead expemtion, GA allows 5,000 to be applied anywhere. So am I correct in thinking my exemptions will cover the equity in her vehicle?

[NoMoreRed]

Have you already paid the attorney? Regardless, get a free consultation with another attorney and ask them specifically about the GA exemptions. If you're able to use them and they are going to benefit you more then push for that. Why would it complicate things if you're using what you have a right to use? Perhaps the attorney you're using is not familiar enough with what to do in this case.