Attended 341 meeting. Trustee states I need to ammend my schedule C

[smoothdaddy]

Hello my forum friends. I filed a ch 7 on 9-16-2010, attended the 341 10-22-2010. I filed in Missouri, but im a resident of AK. I claimed MO exemptions on hhg. The trustee states that I have to be a resident of MO to claim MO exemptions, so I have 10 days to file the ammended schedule C. Is this true. Im a pro se filer.

[tcreegan]

Hi smoothdaddy,

Where did you live from March 16 to Sept 16, 2008?
The state you lived in for the majority of this time is the state exemptions you use.

(assuming you haven't lived for the last 2 years where you are now)

Hope this doesn't through too much of a monkey wrench into your filing...

Tom in Colo

[debee]

And if you've lived in more than a single state during the 2 years prior to your filing date, you use the exemptions of the state in which you lived for the 180 days immediately preceding the 2 year period.

Like Tom, I also hope the news you can't use MO exemptions doesn't mess you up.

[justbroke]

It gets more complex than that, unfortunately. Some States do not allow non-residents to use their exemptions. So, if you moved, but the prior State would "technically" be the State exemption scheme to use... you would not be able to. In this case, you are forced to use the Federal Exemptions.

Since we are talking about assets and the Trustee has already determined that your assets are not currently exempted under the exemption scheme (statutes) that you used, you (smoothdaddy) are exposed. You need to determine which scheme/state to use and then apply those statutes correctly to your property.

It was very nice of the Trustee to just instruct you to change them. The Trustee could have just filed a Motion to Disallow Exemption or Object to Exemption.

[smoothdaddy]

Thanks guys.I was told I can use Alaska exemptions since I lived there for 3 yrs, before moving to Missouri, having living in Missouri for 93 days befor I filed.

[tcreegan]

Hi again smoothdaddy,

Yup, you use the AK exemptions or the Federal exemptions b/c AK allows them. Just cant mix and match, one or the other.

At a glance, the AK exemptions seem like a better deal than the MO exemptions.....

Tom in Colo

[btbeme]

Your Trustee deserves a bouquet of flowers or a nice bottle of Scotch for telling you how you can clear the hurdles. Protocol would dictate that your amended Sched C would land on the Trustee's desk before the ink dried. As in, get it done yesterday.

These forums are filled with horror stories about filers left hung out to dry for simple errors, though I think most people here would agree that a Trustee is not heartless. I think most can differentiate honesty vs. subterfuge about three seconds after opening a case file.

The first folks called at my 341 hearing thought they were pretty smart and wanted to argue with the Trustee rather than answer his questions. He let them wriggle for about ten minutes before filing for dismissal. The second couple were asked a few questions regarding their filing, and their attorney flat-out asked if their case was headed for a disaster or if he could file amendments to fix the problems. The Trustee simply replied "make it right."

Moral of the story: this isn't their first rodeo. But if you are honest and make a mistake, chances are very good that you will get a second chance. Don't bet on a third chance though, unless you were the Trustee's second grade teacher and he/she still feels a fondness toward you.