Residence claimed

[HOMEBODY]

In my BK petition my attorney said it was ok to list one of my rentals as my primary residence since that house has some equity so that I would not become an assett case. It was only about $30,000 difference and I am sure if there had been an appraisal being that it is a rental, it would have come in at much lower than the going sales for the area.

Anyway, when I go for my 341 meeting on Friday and asked where I live, I am going to have to say the rental. My attorney assured me that it did not matter and that this is not something that they look into to see where you actually live. I have my business address (I am self employed) as my mailing address because that is where I get all the mail and also this is the address listed for the bank to send me statements.

What do you guys think?

[Bell30656]

Will your attorney put his advice in writing? Email?

[newbie2]

In my BK petition my attorney said it was ok to list one of my rentals as my primary residence since that house has some equity so that I would not become an assett case. It was only about $30,000 difference and I am sure if there had been an appraisal being that it is a rental, it would have come in at much lower than the going sales for the area.

Anyway, when I go for my 341 meeting on Friday and asked where I live, I am going to have to say the rental. My attorney assured me that it did not matter and that this is not something that they look into to see where you actually live. I have my business address (I am self employed) as my mailing address because that is where I get all the mail and also this is the address listed for the bank to send me statements.

What do you guys think?

My 2 cents: I would be wary of an attorney who told me to lie at my 341 meeting or on my petition.

[geye]

I think that is lying.

[angles]

It is a risk that is for sure and if discovered could be considered fraud. Perhaps you could move into your rental or allow a reduction in rent from your tenants in exchange for a room?

[newbie2]

It is a risk that is for sure and if discovered could be considered fraud. Perhaps you could move into your rental or allow a reduction in rent from your tenants in exchange for a room?

He's already filed and stated on his petition that it was his homestead. If it was me I would have my attorney amend my petition, regardless if it then threw me in to an asset case.