Assets Were Owned in GA. Now I live in NYC, getting ready to file chapter 7

[obkb]

Hi,

I am very new to BK and all the legal complexities of it. Basically, I purchased my home in GA in 2005 $142K, then an investment lot in SW FL $16k shortly after. Other debt include a car loan $14k, BofA cc $5000, Home Depot cc $2500, Lowes cc $1500, other misc. medical bills etc. All together, total debt $187k.

Separated from my husband at the start of 2008, medical issues mid 2008. All that time I was still working. However I got laid off in June 2009, and have not been able to find a job since.

Home and lot have already been foreclosed on, and I turned my car over to the lender voluntarily. I walked away from the house two weeks following my lay off, because I was up side down in my mortgage and just wanted out of it. I moved back to NYC last summer. Did a couple of temp assignments and I am now getting NYS unemployment which after tax gets me $377 per week.

That is my only source of income.

I am trying to get a fresh start and am filing chapter 7 pro se by Friday of this week. My question is:

1. How do I list the real estate that has been foreclosed? Are they now unsecured debt, since I no longer have possession of them?
2. My only assets are my furniture (total purchase price of about $4000, don't know what they would appraise at now), appliances (side by side refrigerator, washer/dryer/stove/microwave), flat panel tv

All of these things are in storage in GA.

Do I have to list them at all?
NYC allows a $5000 exemption on personal property. That should cover the current value of my stuff. But will the trustee take that into consideration?

Any one familiar with BK in NYC?

[iv65536]

As for the titles to the properties, since they have already been foreclosed, you would want to check to see if they are still in your name. If the foreclosure sales have occurred and any redemption period has expired, then they are no longer your assets; any deficiencies would be unsecured claims.

On the personal assets, your storage facility contract may contain language that states they hold a lien on whatever you store there.

Another question, which gets to the exemptions: how long have you lived in New York? You may still be able to use Georgia exemptions, which as far as personal property is concerned, appear to be more generous per the Nolo book.

[obkb]

I have lived in NY since October last year.

On the storage facility thing, I don't quite understand why they would have a lien on my stuff. I've never missed a rental payment. I understand that they would have a right to hold my stuff and auction them if I do miss payments, but as it stands now, I am current on all payments. Just trying to understand this.

Are you saying it may work out better for me to file in GA instead of NY?