Pro Se Joint Filers: Doubling Exemptions in ANY STATE

[InDebtNeedHelp]

Pro Se Married Filing Jointly Filers: Doubling Exemptions in ANY STATE

Pro se filers,

Due to filing jointly, were you allowed to double personal property exemptions (household goods, appliances, books, clothes, etc.)? Wildcard exemptions?

If so, in which state were you allowed to do this?

Thanks!!!

[HHM]

That is WAY too broad a question. The answer depends specifically on the state. Generally, most exemptions ARE NOT doubled. Usually, the only doubled exemption is vehicles (one vehicle exemption per licensed driver). For personal property, you should not need to double because you value personal property at garage sale value.

[InDebtNeedHelp]

According to this website and the new NOLO book, garage sale prices are no longer acceptable. That is outdated information.

http://www.bkforum.com/showthread.php?t=10118

I am asking if anyone has filed pro se jointly and been able to double personal property or wildcard exemptions. And if so, which state. How can that be a broad question?

That is WAY too broad a question. The answer depends specifically on the state. Generally, most exemptions ARE NOT doubled. Usually, the only doubled exemption is vehicles (one vehicle exemption per licensed driver). For personal property, you should not need to double because you value personal property at garage sale value.

[MSbklawyer]

[QUOTE=HHM;313752] Generally, most exemptions ARE NOT doubled. /QUOTE]

I thought they were doubled. Two people filing, double the exemptions. I know that the debt limits are not doubled, but I thought there was some pretty clear case law that the exemptions are doubled with a joint filing.

[InDebtNeedHelp]

http://www.moga.mo.gov/statutes/C500-599/5130000430.HTM

The book seems to suggest that I can double personal property in Missouri, but I have my doubts because they do not allow the doubling of a homestead.

[brokeasajoke]

I'm in North Carolina. We were able to "double" on everything except our kids' stuff. We were able to double home, cars, personal, cash etc. We have 5 kids, the exemptions here are explicit that you can claim 1000.00 per dependent up to 4 dependents. That means that we couldn't both claim the dependents and we actually were not able to claim all of them.

It didn't matter though, like has been stated before, we based the $$ on garage sale/eBay/Good Will pricing. I read that in Nolo about resale or whatever but our lawyer (and everyone I interviewed) said that it was based the way we priced it...

[InDebtNeedHelp]

Thank you. That increases my trust in the NOLO book, which does not say anything about doubling being forbidden in NC, which means that doubling is allowed in NC.

Anyone else?

I'm in North Carolina. We were able to "double" on everything except our kids' stuff. We were able to double home, cars, personal, cash etc. We have 5 kids, the exemptions here are explicit that you can claim 1000.00 per dependent up to 4 dependents. That means that we couldn't both claim the dependents and we actually were not able to claim all of them.

It didn't matter though, like has been stated before, we based the $$ on garage sale/eBay/Good Will pricing. I read that in Nolo about resale or whatever but our lawyer (and everyone I interviewed) said that it was based the way we priced it...

[HHM]

I don't really think I have said anything contrary to the Nolo Book, I did say, it depends on
the states. The reality, most states only allow doubling of "certian" exemptions.

As to that other thread, thank you for pointing it out, I honestly can't believe I let that bogus post sit there for that long (I don't venture into the exemption forum that often). That thread regarding how to value exemption is TOTALLY WRONG. Section 506 has to do with determining the value of "secured claims", not how to value property for exemptions. For exemption purposes, property value is determined at fair market value.

Unless your state has a ridiculously low exemption value for personal property, you should not need to double.

[InDebtNeedHelp]

This is an exact quote from page 26 of the recent NOLO book How to File for Chapter 7 Bankruptcy

I don't really think I have said anything contrary to the Nolo Book, I did say, it depends on
the states. The reality, most states only allow doubling of "certian" exemptions.

As to that other thread, thank you for pointing it out, I honestly can't believe I let that bogus post sit there for that long (I don't venture into the exemption forum that often). That thread regarding how to value exemption is TOTALLY WRONG. Section 506 has to do with determining the value of "secured claims", not how to value property for exemptions. For exemption purposes, property value is determined at fair market value.

Unless your state has a ridiculously low exemption value for personal property, you should not need to double.

[LuciluS]

According to this website and the new NOLO book, garage sale prices are no longer acceptable. That is outdated information.

http://www.bkforum.com/showthread.php?t=10118

I am asking if anyone has filed pro se jointly and been able to double personal property or wildcard exemptions. And if so, which state. How can that be a broad question?

Moderators were not aware of the above thread regarding garage sales prices not being acceptable. That is false. They can be used as my BK Attorney told us.

Thank you InDebtNeedHelp for using the above Thread as an example as info was incorrect. Can tell you are really trying to research everything - That's Good!

Luci

[eddiep]

indebtneedhelp

go to legalconsumer.com and search for your state's exemptions, they are very clear on what you can double in your state.

[InDebtNeedHelp]

Are you saying that the new NOLO book is incorrect?

Moderators were not aware of the above thread regarding garage sales prices not being acceptable. That is false. They can be used as my BK Attorney told us.

Thank you InDebtNeedHelp for using the above Thread as an example as info was incorrect. Can tell you are really trying to research everything - That's Good!

Luci

[InDebtNeedHelp]

http://www.legalconsumer.com/bankrup...s+(MO+counties)

It says:

Can you double exemptions for joint filers? (General principles)

If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).

The NOLO book states that in MO I cannot double homestead exemptions, but it says nothing about personal property, jewelry, etc.

indebtneedhelp

go to legalconsumer.com and search for your state's exemptions, they are very clear on what you can double in your state.

[eddiep]

Keep reading

http://www.legalconsumer.com/bankruptcy/bankruptcy-law.php?ZIP=63366&CITY=O+Fallon&ST=MO&FEDCT=MOE&FIPS=29183&LOC=1198&LOCNAME=St.+Charles&SUB=3489&SUBNAME=Greater+St.+Louis-North&REG=3288&REGNAME=Greater+St.+Louis&CBSA=41180&METRO=St.+Louis+(MO+counties#exemptions

[InDebtNeedHelp]

I read the whole thing the first time and again. I don't see anything about doubling personal property for married filing jointly.

Keep reading

http://www.legalconsumer.com/bankrup...ies#exemptions