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Trustie challenge to exemption

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    Trustie challenge to exemption

    After my 341 meeting...I received a letter from what appears to be my trustee's lawyer challenging exempt money that was in our account when we filed. I mistakenly cited the wrong state law for the exemption (I cite the correct overall law...but referenced the wrong sub paragraph). The law I think covers me basically says monies from insurance claims for otherwise exempt property is exempt. I deposited the check from the insurance claim (stolen car) a few days prior to filing. Do I simply go to court and explain this or do I need to amend my filing to reflect the correct law that covers the exemption? I called the trustee and asked what he thought I should do, but haven't heard back yet.

    Thanks all.

    #2
    You should post this question on the pro se section of this board. I do believe though that you if amend your petition citing the proper code you should be ok, but ask the good folks on the pro se section and I'm sure they'll be able to guide you.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      I'm pro se and the trustee objected to some of myy stuff too.
      SO, I wrote a response to the objection and explained . You must file your response to her objection .
      Also, amend your petition....just that page that deals with the 'mistake'.

      The trustee only has 30 days after creditors meeting to object so often they just file an objection but don't pursue it.
      good luck

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