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Ohio exemption question

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    Ohio exemption question

    I am having trouble getting a straight answer to this question so if anyone here has ahd experience with this I'd appreciate any input.
    Here is the Ohio code exemption:

    The person’s interest, not to exceed five hundred twenty-five dollars in any particular item or ten thousand seven hundred seventy-five dollars in aggregate value, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, firearms, and hunting and fishing equipment that are held primarily for the personal, family, or household use of the person;

    In algebra if either part of an OR statement is true then the statement is true. So in my interpretation of this I think (thought) that as long as I was under 10775 in total that I was ok. Some attorneys have agreed others not. Does any one have eperience with this?

    Also I believe can double the exemption because of a joint filing. Experiences?

    Thanks for any help

    #2
    Not sure why attorneys told you no. I'm in Ohio also.

    Yes, you can double the exemption for joint filers. And yes, it's a total of $10,775 for all of those items listed.

    We only had $6350. lol
    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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      #3
      The standard we use when figuring out what to list for a dollar value for household goods is... if we were to take everything in the Debtors' home and put it out on the front lawn and hold an auction or a yard sale, what might we gleen from that sale. When a trustee takes interest in an asset, it's auctioned off ... so that's the value we use. We don't itemize items of household goods. Instead we just use broad based statements like "household goods including but not limited to: kitchen table and chairs, fridge, stove, washer, dryer, microwave, dishes, utensils, small appliances, beds,dressers, linens, lamps, couch, chairs, end tables, hand, yard and garden tools." And.......... the value I ALWAYS use is $2500 unless someone tells me that they have antiques. Same holds true for clothing "normal wear clothing" . Jewlery "assorted pieces of inexepensive and costume jewelry"

      I hope that's helpful .... and yes, in Ohio, it's double for a joint filing (I'm from Ohio). If you are doing the bankruptcy with the assistance of an attorney, he/she will check that you have appropriately listed your assets.
      Any "suggestions" I offer are not to be deemed as legal advice, as I am not an attorney. "Suggestions" are offered solely based on my life experiences, education, and what I have observed in the work that I do.

      Comment


        #4
        I would interpret that to be an AND statement mis-stated as an OR statement. Just an opinion, but it seems to say no one item over $525, and no the total value of all items can not be over $10775.
        Filed 8/31/10
        341 Hearing 10/5/10

        Hopefully No Asset Ch 7

        Comment

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