Exempting CA Tax Refund 2009

[Walangatik]

On schedule C, what is the exemption law? or can you show me where to find it?

Is it 11 U.S.C.522(d)(5) or 11 U.S.C. 522(b)(3)?

Im sorry, I am so confused, sorry to keep bugging.

Also, can I mail in the amended schedules or is a requirement to hand deliver to the court?

Thanks a lot!

[justbroke]

I think I answered this in a prior posting... or this is deja vu. Since you are in California, this would be based on System 1 or System 2 exemptions.

Yes, you can mail the amendments to the Court. I usually send them either overnight or in a 8.5x11 manila envelope so that nothing is folded. Sending it overnight or not, is determined by the importance and whether I'm trying to get it to the court within a certain period of time.

[Walangatik]

Hi justbroke, if I am using system 2 what would it be?

Thanks.

[justbroke]

I don't really like to give direct help and say "write this". If you used System 2 then you need to see how much of your unused homstead exemption can be applied. The unused homestead exemption is provided by California (System 2) 703.140(b)(1). You also have the wildcard exemption provided by California (System 2) 703.140(b)(5).

[jribe]

you can put one or more exemptions... Put both if you're not sure. Obviously if you haven't exempted much; the homestead exemption would the the largest to cover it. (i used the homestead exemption for it, system 2)

[Walangatik]

So would that be?

Schedule B
Anticipated 2008 Tax return $6,000

On Schedule C We listed:

We put "Anticipated 2008 Tax Return"
(Husb)11 U.S.C. 522(d)(5) $3,000
(Wife)11 U.S.C 522(d)(5) $3,000

[justbroke]

So would that be?

Please read what I wrote above! You need to use the California System 2 related Statutes. Californians may not use the Federal Exemptions!

Do you have the NoLo Chapter 7 Guide book?

[Walangatik]

I dont have the NOLO book. You dont need to respond if I am irritating you. Thanks for your help.

[justbroke]

I dont have the NOLO book. You dont need to respond if I am irritating you. Thanks for your help.

You're not irritating me. I'm trying to help you! If you can't tell that, then I am wasting my words and will use them elsewhere. If you are proceeding pro se then I am a friend. I have done my case pro se and help many pro se filers here.

The reason to ask you about the book, is because it can provide you some guidance on how and what to put on the forms. I don't want to see you put the wrong statute for an exemption, have the Trustee challenge it, then lose the exemption.

Secondly, I gave you the very specific California Statutes for System 2 (above) and then you asked, again, whether to use the 11 USC (Title 11) exemptions from the Federal Code. I'll just consider that you didn't read my prior post, but there was more than enough information there for you to use.

I cannot provide you legal advice. I can put you on the right track though. I have tried that. If what I wrote doesn't make sense then you really need to get a guidebook for filing Chapter 7 (like the NoLo book). Short of what I wrote and advising you on getting a guide book... I don't know how else to help you help yourself.

While I don't know you personally, I don't want to read another story where someone went pro se and lost their home and/or a bunch of money because they used the wrong exemptions.

[Walangatik]

Really appreciate just broke. I got it! I will keep you all posted post my 341.

Have a great day. When I make it through, I plan to help as many people as I can.

Thank You and Everyone Else.

[liboton21]

What part of Cali you will be filing?

[Walangatik]

Los Angeles.

[Walangatik]

Liboton21, Filipino? I just read ur your email and was laughing so hard. Are you in Los Angeles?

[liboton21]

Liboton21, Filipino? I just read ur your email and was laughing so hard. Are you in Los Angeles?

Yup, noypi. I will be filing in Riverside though. LA is so swamped with BK right now. A friend of mine is a paralegal in LA and he told about it. If you don't have an asset pro se will be a breeze.

[Walangatik]

ok, that is reassuring. So far the trustee has only asked for my last year tax return and nothing else.

Pero nakalimutan ko na i-exempt your tax refund ko for 2009 so I will amend my schedules B and C para hindi maging "asset" case. If you know what I mean.

Thanks alot:-)