Umm so how do I know if I have to declare my appliances?

[hopefulbk]

When I moved in, my house was equipped with a fridge, oven, dishwasher and washer and dryer. Since I lived here, ALL of them have been replaced due to age or whatever. I thought this stuff stays with the house? If not, this really puts me over my allowable assets. How do I know if I have to claim them or not? I'm NOT keeping the house.

[OregonMom]

I don't know if I would count them as assets, I was under the impression they couldn't come and take items you need for everyday living like a fridge to keep food fresh or a stove to cook it with. I would ask you lawyer and if you have to it is just garage sale value. (the trustee never came to my house to verify what my furniture and appliances looked like.)

[Brighterdays]

Remember they don't come to your house. I was told to group everything in a nice tidy sum well under alotted limits

[StartingOver08]

Appliances are usually included in the house value.

[lrprn]

The appliances are considered household goods. Their *garage sale* value is added to your other household goods values.

The average US household has goods worth between $3,000-4,000 total.

[hopefulbk]

The appliances are considered household goods. Their *garage sale* value is added to your other household goods values.

The average US household has goods worth between $3,000-4,000 total.

My problem is that my state allows $2000 TOTAL for personal property and 2K for a car for married joint filers. I'd rather have the trustee take the fridge from the house than my wedding ring. Am I missing something? Is there a different allocation that is separate from personal property?

[StartingOver08]

What is your state?

[hopefulbk]

Florida

[StartingOver08]

You must be a neighbor!

Florida

Ha Ha LOL I know those exemptions well!

You get $4000 in personal exemptions plus $1000 in vehicle exemptions PER FILER, unless you are keeping your homestead property.

Look here for clarification: http://www.bankruptcyinformation.com/FL_exemp.htm

So if you have two filers and you are not keeping your house you get a total of $10,000.

If you are keeping your house, you get a total of $2000 for vehicle exemptions with two filers and $2000 for personal property with 2 filers.

Appliances in Florida normally go with the house value - not as personal property. However, if you are in the Middle District of Fl - there is a Trustee that may look at it a little differently. These districts vary widely in how they apply the very same BK law.

[hopefulbk]

Ha Ha LOL I know those exemptions well!

You get $4000 in personal exemptions plus $1000 in vehicle exemptions PER FILER, unless you are keeping your homestead property.

Look here for clarification: http://www.bankruptcyinformation.com/FL_exemp.htm

So if you have two filers and you are not keeping your house you get a total of $10,000.

If you are keeping your house, you get a total of $2000 for vehicle exemptions with two filers and $2000 for personal property with 2 filers.

Appliances in Florida normally go with the house value - not as personal property. However, if you are in the Middle District of Fl - there is a Trustee that may look at it a little differently. These districts vary widely in how they apply the very same BK law.

That's why I had the face,I saw FL in your sig. Anyway,our attorney said that since we are giving the house back,we don't get the wildcard exemption

[StartingOver08]

No - you do get the exemption! I used it! I filed alone - so I got $5000 in my total exemptions because I surrendered the house in the BK.

You would get $10k because there are two of you filing. Did you hire this attorney yet? I hope not....

[hopefulbk]

No - you do get the exemption! I used it! I filed alone - so I got $5000 in my total exemptions because I surrendered the house in the BK.

You would get $10k because there are two of you filing. Did you hire this attorney yet? I hope not....

This is the problem! We contacted about 30 attorneys (not joking) and half say yes we qualify and half say no we don't because it says in the statute that if you are surrendering your homestead property (which I am) we don't qualify. OMG this is crazy! We haven't paid anyone yet and now I'm about to rip my hair out in little pieces... I know you just went through this in my state so I know you know what you are talking about so then WHY don't these attorneys?!?!?

[StartingOver08]

I think a lot of the attorneys here just got into the BK business recently when the real estate title business dried up.....JMO.

My BK attorney has been in the business for 30 yrs and he is as sharp as they come. PM me if you want his name and number.