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Scared to death!!!

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    Scared to death!!!

    I have an appointment made with a reputable bk lawyer for chapter 7. I have done a ton of reading here and learned a lot leading up to my decision, thank you guys for that.
    One thing i havent determined is home exemptions in knoxville tn. I am married, spouse is filing and we have minor children with one on the way. I have read $7500 for joint, I have seen $25000 and some say it's $50000...can someone shed some light on this for me?

    My home, we have a first mortgage with $61000 on it and a second with $15000 on it with the home valued at roughly $110,000. I know the lawyer will go over everything with me but i am already losing sleep over this.

    Any info would be greatly appreciated.

    #2
    I found this, so basically it depends on your age:

    "Homestead: 26-2-301 - $5,000; $7,500 for joint owners. Tenancies by the entirety are exempt without limit as to debts of one spouse [In re Arang. 136 B.R. 740; affirmed 992 F.2d 611 (6th Cir. 1993)]. Spouse or child of deceased owner may claim. May also claim a life estate or a 2 to 15 year lease. If over 62 years of age, $12,500 for single people and $20,000 for married people; $25,000 if spouse is also over 62 years of age."

    If you're filing joint it will be $7500 unless you are over 62. If you are over 62 it is $20,000 and if both you and your spouse are over 62 it is $25000.
    Filed Ch. 7 Pro Se: 12/11/08
    341 Meeting: 1/7/09
    Trustee's Report of No Distribution: 1/9/09
    Discharged: 3/10/09

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      #3
      I have seen similar amounts and also found the following which is why i'm really confused. I cannot lose our home, it's next door to my mother who is disabled. I take care of her, if the house is in question i guess i would have to go with 13 instead of 7.

      [quote]
      Tennessee Code Annotated section 26-2-301(f), which grants an enhanced
      homestead exemption of $25,000 to an individual who has custody of one or more minor children,authorizes an enhanced homestead exemption of $25,000 each to a husband and wife having custody
      of one or more minor children and filing for bankruptcy jointly, resulting in a total homestead exemption of $50,000.

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        #4
        Also pre bk in ktown! I have read several case studies that agree with 5O k in TN for couple with kids. Hope all goes well with you!
        Down but not out!! filed c7 august 2011...341 september 2011... Unsecured debt over $100k.....bk attorney $1200.......bkforum.com Priceless!!!!!

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          #5
          I would hate to go through this and still have to suffer for 3-5 years but would to save my home. I have read til my eyes hurt but still don't understand it.

          Best of luck on yours also.

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