Letter from our trustee

[overbought]

We had our 341 hearing a few weeks ago at which time the trustee asked to have a copy of our car title. After prodding our attorney and paralegal about what this could possibly mean (and getting no answer by the way), it turns out that the trustee is stating that because my husband's name only is on the car, we cannot both claim the exemption. Perhaps this is something our attorney should have asked us about prior to filing. Other than being given paperwork to fill out, our attorney really has not advised us on any matters.

The trustee is also denying the exemption of stock that my husband has that equals about the same amount of the exemption that is being denied on the car.

My question is this, is it possible for my attorney to re-work our schedule C so that the stock exemption is used for the car? If not, what are our options?

[RobGee]

You can always amend the petition to change exemptions around. I would consult with your attorney first. I would provide the trustee if you haven't already with the documents he has requested. Give the trustee a call after a few days and ask him what he wants or if hes satisfied. (you attorney should do this) Which state is this being filed in?

[overbought]

This is in NC. My husband spoke with the lawyer today who has contacted the trustee to try to negotiate something. The lawyer said that he has never had a trustee request this information and do this before with a car (lucky us). Let's hope this get's worked out because I don't know where we would get the rest of the exemption $ for the car-especially since he wants the stock as well.

[angles]

Is NC a communal state? Some state laws are set up so that even though one spouse is on the title both actually own it. Could be an argument.

[jadams]

I'm confused as to what's being exempted by whom.

I don't understand what the trustee is doing unless your husband exempted stock (and not the car) and you exempted the car. And the trustee is trying to make the argument that you can't exempt property that isn't yours, so it's suddenly available to the estate since your husband used the exemption up on the stock.