do you have to claim property a exempt to keep it?

[mars]

i have around a $1000 car paid off, and around $1500 in household items/clothes/money. i don't own any property, and i am unemployed. im filing in fl and i read that if you don't own a home you have a $3-4000 wildcard on top of the $1000 for the car and $1000 for household items. i didn't list anything at all under exempt property,figuring that i was way under the amount for them to take anything. am i correct in thinking this? or should i amend my filing? the 341 form says its a no asset case.

[JRScott]

You should have listed the equity in the car and the household goods and a value. If you did not do so then you need to amend.

[music12]

i have a related question: suppose you have a list of exemptions, and some things that don't fit so are not exempt. if the trustee ends up abandoning them, does that mean i just get to keep them as though they were exempt to begin with?

[JRScott]

Yes if you have non exempt assets but the trustee surrenders his interest in them they then become yours with no strings etc.

[music12]

and what if these assets had been previously attached by some creditor? do they still become mine?

[JRScott]

Well if they belong to a creditor the creditor could still demand them back, or offer a redemption value. Depending on the items though you might get one call and if you don't send money they don't bother you again (esp for older electronics, furniture etc.....it it is a household good so long as its not like a big screen tv if it is more than 1 year or so old it is unlikely they'd come get it).

[music12]

Well if they belong to a creditor the creditor could still demand them back, or offer a redemption value. Depending on the items though you might get one call and if you don't send money they don't bother you again (esp for older electronics, furniture etc.....it it is a household good so long as its not like a big screen tv if it is more than 1 year or so old it is unlikely they'd come get it).

how do you know whether they belong to a creditor?