Hello,
My husband and I had our 341 yesterday in Colorado. The trustee asked the standard questions and stated he wanted:
1) 2009 tax refund - which we were expecting
2) approx $840 in unearned wages for the month we filed - we didn't really understand this. Also, our lawyer refused to sign this over stating it was under the $1000 exemption and that is a given in our district not to take anything under $1000. The trustee's assistant (the trustee is new, this was his first day) clarified with him and told us/our lawyer that he will go after any amount no matter how small. Does anyone have any experience with this or input?
3) All of our vehicles are paid for. There is a $10,000 exemption ($5000 per individual) for vehicles in CO. We have a 1990 Cadillac valued at $1000 and a 1999 Kia valued at $1000 - the trustee did not dispute these.
However we also have a 2004 Chevy minivan valued at $6,600. The trustee did not dispute the value but did ask if it was in both our names. It is only in my husband's. The trustee said that since it is only in my husband's name that we can either give him the van and he will sell it and give us $5,000 and distribute the rest or pay him $1,600. At this point our lawyer was very angry and they argued the law for a few minutes. Then the trustee looked at me and my husband and said he would look further into it and we are a "test case". So, even though all of our vehicles are valued under the $10,000 exemption since the van is not in both names he wants he considers an overage. Any thoughts/advice on this?
Thanks,
Bells
My husband and I had our 341 yesterday in Colorado. The trustee asked the standard questions and stated he wanted:
1) 2009 tax refund - which we were expecting
2) approx $840 in unearned wages for the month we filed - we didn't really understand this. Also, our lawyer refused to sign this over stating it was under the $1000 exemption and that is a given in our district not to take anything under $1000. The trustee's assistant (the trustee is new, this was his first day) clarified with him and told us/our lawyer that he will go after any amount no matter how small. Does anyone have any experience with this or input?
3) All of our vehicles are paid for. There is a $10,000 exemption ($5000 per individual) for vehicles in CO. We have a 1990 Cadillac valued at $1000 and a 1999 Kia valued at $1000 - the trustee did not dispute these.
However we also have a 2004 Chevy minivan valued at $6,600. The trustee did not dispute the value but did ask if it was in both our names. It is only in my husband's. The trustee said that since it is only in my husband's name that we can either give him the van and he will sell it and give us $5,000 and distribute the rest or pay him $1,600. At this point our lawyer was very angry and they argued the law for a few minutes. Then the trustee looked at me and my husband and said he would look further into it and we are a "test case". So, even though all of our vehicles are valued under the $10,000 exemption since the van is not in both names he wants he considers an overage. Any thoughts/advice on this?
Thanks,
Bells
Good for you!
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