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Aside from losing the property Any disadvantage to NOT be a no Property case?

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    Aside from losing the property Any disadvantage to NOT be a no Property case?

    In Virginia we have very few exemptions... One of our main exemptions is a $5000 homestead in personal property, which most people use to bring their case to no property status if possible.

    The thing is, that $5000 is a life time cap.... you use it up, and its gone for life... (So I have read anyway)

    I have student loans that will survive BK, and I want to keep as much of the Homestead exemption as possible because it can also be used to protect cash, bank accounts or other property from judgment collections. I hope to get back on payment terms with my student loans, but after BK I am afraid of a student loan related future judgment that will make banking impossible... at least if I use up my Homestead exemption now.

    So, I am thinking of not using much of it... I don't own much anyway, and honestly, I doubt a trustee would want a lot of my valueless stuff...

    But am I opening the door to some other problems by turning my case into a property case if I do that... .

    #2
    Hi Crassius,

    Good news: no lifetime cap

    Bad news: can't use it to stop a judgment that happens after you file BK

    Oh well, can't always be good news I suppose...

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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