New to Forum**Need some advice

[jmarsh]

Thank you both
The break-in was definitely real...there were two others on the street, the police came, took fingerprints...I have sent pictures to the insurance company/police hoping that my things would be recovered. They even stole our video camera with all the footage of our kids the last year...our sons first steps/bday party etc...anyways..I'll stick to the point. Just wanted to put out there that there is absolutely no issue with our things being stolen...
I know she would like the percentage, but would she claim fraud for us putting in the wrong amounts under the jewelry exemptions. We claimed 4000 and like I said, I was shocked when the insurance company came back with that...also my whole jewelry box was stolen and other pieces were taken and they are paying out another 3500 for that. I wasn't even aware that we had that coverage....
So where it stands now is the 3500 plus the 8000 ring minus the 4000 exemption leaves us owing her 7500. Is it possible to hand her the ring and buy it back like you said...or could she insist on cash?
Just wondering if she could claim fraud for the inaccurate amounts. Like I said, the replacement value on new jewelry doesn't even come close to the amounts on the used jewelry. If she were to take all the jewelry that was stolen and sell it, she would have been very lucky to get 4000
You guys really think I am worrying too much...what if they deny discharge?

[jmarsh]

I also read that she could deny discharge and then still be entitled to the money...that would really send us over the edge...
To have everything stolen, pay money for it and still be stuck with all of our debt...Oy vey...

[jmarsh]

btw..the IRA was transferred from a mutual fund of my husbands which he thought was a retirement account. We transferred before we filed on the advice of our attorney and she deemed it a fraudulent conveyance...

[geye]

I don't think you need to worry about fraud..you valued your used assets properly. The values you're being given now are what the new replacement costs are, not the value of the pieces that were stolen. It doesn't mean you valued your things wrong.

So now you have (well, will have) new pieces. The question is what are they worth once they're yours? Certainly no longer retail value, as they'll be used again. If you told the trustee to take the ring straight from the jeweler, they wouldn't be able to turn around and sell it at that retail price. You'd be back to your pawn shop values again.

So to me it would seem the only thing you have to worry about is how much more is your new jewelry and items going to be worth (pawn shop values) compared to your old stuff?