New Jersey Story

[momofthree]

ira...you got that...we LEFT the state and waited to file since nj was so bad and we didn't want to go federal.

Yet, you say you used the federal exemptions to file in FL? Confused. You had the option of filing using federal exemptions in NJ too, so what was the point in moving and waiting to file. End result is the same either way, right?

FACT: we filed and lived in florida for 2.6 years and had a CHOICE...either to go federal exp...or state exp....end of story! i'm not a liar...PERIOD.

No, everyone else are the liars, aren't they? Oh, wait, no, we're just ignorant. Our lawyers made all our decisions for us because we're too stupid to understand the complexity of federal vs. state exemptions. I'm surprised you even had to hire an attorney, you learned everything there is to know about BK in that 5-month bk course you took. You did get an A+++++++++ after all.

[momofthree]

And for a laugh, this is all of us:

[tobee43]

MOM "]Amazingly enough, you still haven't posted a single shred of evidence to back up a single word you've typed."


PROOF:

Filed Consumer Chapter 7: 4/2010
341 meeting: 6/2010
No-asset distribution report finalized: 8/4/2010
Discharge of Debtors: 8/4/2010


i promised i wouldn't...but i couldn't resist......and then REALLY HONEST...i'm done.....

LOL!! please it's laughable...i'm not feeling intimidated at all. quite the opposite.

[Pandora]

i guess the law professors could have been incorrect?????....

Yes - perhaps you misunderstood and wrote it down incorrectly what they were inferring to - it happens. No harm, no foul.

[tobee43]

And for a laugh, this is all of us:

OK...LOL!!! OK!! YOU WIN!! that was just toooooooooo funny...

nope...we left nj....waited the 2.6 years and then filed florida.....

it was far better than nj and the federal choices we had....also...florida was 1/2 as stingy as nj and about 1/4 better than the feds....just to make that clear...

but you broke the ice mom....and that was just TOOOOOOOOo funny!!!

i think we all needed that!

[tobee43]

and MOM.....OH!! NO!!!!!! never would i do this pro se....never!!!!!!!!...a real estate closing YES!!!!...but i wanted someone that knew the trustee's and i sure knew that wasn't ME!!

[momofthree]

PROOF:

Filed Consumer Chapter 7: 4/2010
341 meeting: 6/2010
No-asset distribution report finalized: 8/4/2010
Discharge of Debtors: 8/4/2010

That's not proof anymore than my saying that "I am a lawyer" is proof of my being an attorney. Any fat slob can sit in their mother's basement and claim to be a rockstar millionaire. Saying it doesn't make it true. And you're right, FL exemptions are better than NJ, I've never disputed that, but federal exemptions are better than both (unless you're using FL homestead exemption).

However, it stands to reason, if you think FL exemptions are better than federal, why did you wait until you fulfilled the FL residency requirements and then use federal? That makes absolutely no sense whatsoever. You could have just used the federal as soon as you moved, or even while you were still in NJ. Federal exemptions are the same no matter what state you're in...(though not all states allow their use--FL being one of them )

[tobee43]

no no....you still misunderstand...i never used federal...they were not as bad as nj...but florida was far better than both for us...so we held on for over 2 years NOT because of the homestead...as you r well aware nj has NO homestead laws.

we surrendered r house in nj anyway, so that point was moot for us. after reviewing the entire situation it was best for us to put as much time between us and the filing dates for a number of reasons.
for our personal situation, we had a many more complex issues to deal with...(you know many of the questions??? on the petitions)....well one would LOVE to say NO to everyone of those right? whether it be federal or state.

so this was just the BEST for us, not everyone....and we did NOT own a house in fl to homestead it or reaffirm it....so once again that wasn't the issues on our personal situation.

each person is different and each individual situation calls for what suits that particular need, and to think it out, one would hope very carefully before moving forward and filing. this was just the BEST as i stated for us.

it's ok to agree to disagree....you still made me laugh mom...and for that i'm grateful today.

[geye]

no no....you still misunderstand...i never used federal...they were not as bad as nj...but florida was far better than both for us...so we held on for over 2 years NOT because of the homestead...as you r well aware nj has NO homestead laws.

we surrendered r house in nj anyway, so that point was moot for us. after reviewing the entire situation it was best for us to put as much time between us and the filing dates for a number of reasons.
for our personal situation, we had a many more complex issues to deal with...(you know many of the questions??? on the petitions)....well one would LOVE to say NO to everyone of those right? whether it be federal or state.

so this was just the BEST for us, not everyone....and we did NOT own a house in fl to homestead it or reaffirm it....so once again that wasn't the issues on our personal situation.

each person is different and each individual situation calls for what suits that particular need, and to think it out, one would hope very carefully before moving forward and filing. this was just the BEST as i stated for us.

it's ok to agree to disagree....you still made me laugh mom...and for that i'm grateful today.

I'm confused. I thought you lived in your house for over 33 years and just left it 9 months ago?

[momofthree]

no no....you still misunderstand...i never used federal...

Then what were you arguing and offering as proof? You were trying to use your bk discharge as proof that one can file in FL using federal exemptions yet now you state that you used FL exemptions. You're talking (typing) in circles. Again, you have absolutely no proof that someone can use federal exemptions in FL. Just because you claim you had the option to use the federal exemptions after fulfilling residency requirements doesn't mean it's true.

There are people on here from FL who may read this and think they can file using federal exemptions. Please don't provide inaccurate info to them.

[tobee43]

we lived in the house for over 33 years and they began to foreclosure on it 9 months ago.....just to clarify that. that house is in nj....however, we have been in florida over 2 years.

it was made clear that whatever situation again suits one's needs is the best to use.

the people from florida need to get the advise from their own attorneys and if they chose to go pro se...well they will find out the harder way.

as you had asked me why i didn't do it myself...paperwork is easy...connections in the court room take a bit more than a handshake and a howdy.

i would suggest to anyone wanting to file in any state to get the advise of an attorney. that's just my feelings on the situation.

[tcreegan]

BK is federal

Just to keep the record straight:

BK is a federal process done in a federal court.

Property exemptions, one part of the BK process, can be from the federal list or a state list depending on what your state has decided.

No states only allow the federal list to be used anymore.
Some states allow both the federal and state list to be used.
Some states only allow the state list to be used.

Calif. actually has 2 state lists!

On the federal or state exemptions states, some are "either or" but the best ones are "pick and choose"

Just trying to keep everything straight...

Tom in Colo

[tobee43]

ahhhhhh....yes, of course a bk ONLY takes place in a federal court....thank you tom....

this has gotten way way out of hand, picked apart and totally misconstrued

it started with the simple story of nj....blah blah.....

so hows the laws in colo??

[LadyInTheRed]

Well, I may not have gone to Boston U. for my paralegal training, but my modest state university education taught me how to look up state laws to support my assertions on what the law actually is. Given such an excellent education, I'm sure toobee43 is capable of the same thing. I can't imagine why he/she wouldn't share this Florida Statute:

222.20 Nonavailability of federal bankruptcy exemptions.--In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0222/ch0222.htm

[tobee43]

quite aware...that is why we waited the two years out....thank you for the clarification.