Hey, you may already know this but I was researching on whether I could claim the transportation ownership expense even though I no longer have payments on car and I read an article that stated that in June of this year it was decided that you CAN use ownership expense since older cars have expenses when they break down and such. I was pretty happy to hear this as we haven't been able to afford car payments so got pretty old cars (1997 and a 1995). Yay!!! Maybe this will help someone else who was wondering...
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Did you read that somewhere? If so, tell me where. I've read on this Forum (I think) for a 10 yr. old car you can claim a $200 ownership expense.
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Yes, on ************************ and it was a current article. I hope I didn't misread...Comment
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Yes, you can claim $200 for an older car.May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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The $200 is by location. Here in our circuit we can claim the whole amount even if the vehicles are paid off. Of course we have among the lowest exemptions in the country, but it does help...1/15/10 Filed ch7 2/18/10 314 meeting
2/22/10 Report of No Distribution
4/20/10 Discharged 5/20/10 Closed!Comment
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If you are in LA, MS or TX (i.e. the Fifth Circuit), the answer seems to be "yes" per the recently decided Tate v. Bolen case.Originally posted by famof6 View Post
Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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What about the Tenth Circuit? The NM/AZ etc one? How much can we claim for the Ownership Expense if both cars are older (1997 and 1995) and paid for, does anyone know? Thanks.Comment
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It would be great if we could get enough input here to make this a sticky. From my research here and on the web the answer varies by location. It was hard enough finding an atty in my own circuit who knew the answer.1/15/10 Filed ch7 2/18/10 314 meeting
2/22/10 Report of No Distribution
4/20/10 Discharged 5/20/10 Closed!Comment
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Only two jurisdictions have answered the question at the Circuit level, the Fifth Circuit and the Seventh. Everywhere else it's pretty much an open question.Originally posted by pcn View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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The lawyers I've talked to here in AL (11th) tell me that we can claim the expense for a paid off vehicle. Someone from FL posted that they had done it as well (same circuit). Since you're next door, what do you hear about us over here? Hopefully good news?...1/15/10 Filed ch7 2/18/10 314 meeting
2/22/10 Report of No Distribution
4/20/10 Discharged 5/20/10 Closed!Comment
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My understanding is that different bankruptcy courts in the 11th are deciding it different ways -- just like they were here until the Circuit court settled it. But the majority position is that you can claim the expense. Your Circuit court hasn't decided the question yet.Originally posted by pcn View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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