No home in FL. Filing Ch. 7. 50k "wildcard????"

[Beeheery]

Hi everyone,
I searched the forum here forever before posting this so that I wouldn't be wasting anyone's time but I did not find it anywhere. From what I understand, in CA, if you do NOT own a home, you get a 50k "wildcard" in personal property when you file Ch. 7. Does anyone know if this is the case in FL as well or all states??? I live in South FL and I do not own anything remotely close to that amount but I might be able to get my own car and didn't know if I could do it before BK so that I had my own transportation (and that would come under the 50k) or if I should wait so that the car isn't taken away. Any help would be appreciated. Thanks!

[Floridagail]

I filed in Florida, I own no home. My attorney told me $4000.00 wildcard. I was lucky to be able to file before getting married. I almost really messed up. By taking out money from 401 k to pay attorney. Once it is out of 401k it becomes asset. I took out 6000. So luckly the trustee did not take it. Of course in my case I was judgement proof but capital one still came after me for all my personal retirement statements etc. So there wasnt time to get married thank goodness.

[Beeheery]

Hi Florida,
Thanks so much for your response. It seems as though CA is the best state to file in from what I have researched online and on here. I still have nowhere near 4k in assets so I guess I am OK. Do you mind me asking if you were single when you filed? Meaning did you live with someone that supported you 100%. I ask because there is still alot of confusion on my end because I do not work and my BF supports me 100%. I was told on here that I need to put his income and expenses on my BK forms but that I need to show my tax returns. It just seems to me that it wouldn't match up and I don't want the trustees thinking I am trying to scam them. Any help would be appreciated. Thanks!

[2Bshinyandnew]

In Florida they really mean it when they say "Fresh Start"
$1000 Personal Property exemption
$1000 Automobile exemption

If you own a home you live in you can exempt all equity as long as you have owned/lived in the property for a certain amount of time.

Filers who do not claim a homestead exemption can claim an additional "generous"
$4000 personal property exemption which CAN be stacked with the $1000 personal property exemption available to all filers.

Unless you have equity in a homestead...you are really starting out fresh here in Fla.

[DebtStinks]

Not sure where you got the 50k wildcard value for CA. But, just to be clear... the wildcard exemption under system 2 in CA is $21,825 which is made up of your $20,725 unused homestead exemption + the straight $1,100 wildcard that you also get. These exemptions CANNOT be doubled for debtors that are filing jointly.

[Floridagail]

Hi Florida,
Thanks so much for your response. It seems as though CA is the best state to file in from what I have researched online and on here. I still have nowhere near 4k in assets so I guess I am OK. Do you mind me asking if you were single when you filed? Meaning did you live with someone that supported you 100%. I ask because there is still alot of confusion on my end because I do not work and my BF supports me 100%. I was told on here that I need to put his income and expenses on my BK forms but that I need to show my tax returns. It just seems to me that it wouldn't match up and I don't want the trustees thinking I am trying to scam them. Any help would be appreciated. Thanks!


Florida is easy state for bkrptcy, that is why movie stars move here and file. Now they have to wait 2 yrs to file because they get to keep equity in home here. So I think Fl is best state to file in.
I do live with my bf and I did have some income. The lawyer did not ask if he supported me in anyway. I filed chapter 7 single person. I listed my rent as my part of household expenses. I did not volunteer any info, My bf was not filing or any part of it.
I did not mention my bf etc. '
If I were you I would go to 2 diff attorneys free visit, explain the situation to one and see what they suggest. If they act like he has to be mentioned dont use them. GO to another and just say he is helping you out financially to get on your feet. They did not ask me any questions. I was upside down on my expenses and the attorney said to say
if I needed help my friends helped me out. I hope that helped.

[Beeheery]

Hi Florida,
Thanks so much for taking the time to write me. My only concern is that my income over the past twelves months has been less than $1.5k at the absolute most. And if I put that but then write 0 expenses, won't the trustee ask? And would it at all make a difference if I just said I was staying with a roommate instead of saying it was my bf? I am not on the lease at all and it is a 1/1. So....it is his apartment and his expenses that he would be paying anyways so I guess technically the only expenses he pays for me is food. Because he isnt paying for a separate place for me, its his house. I hope I am not being too confusing. Thanks so much