few questions about chpt 7

[gdddd106]

I have a car that's worth 6600 bucks paid off. In PA you can use either Federal or State exemptions. The question is could I use part of the homestead exemption to cover the remainder to keep my car? I do not own a house.

I also have a account from a college I went to with a 1500 balance. It's not a loan. Is this discharged?

If I listed the account and it wasn't discharged would the entire filing be thrown out and NONE of my debts discharged?

[free2breathe]

I believe you can apply up to $10,825 of unused homestead exemption to personal property. Also, if you list the account from the college, and it is determined to be non-dischargeable, you will just have to pay that debt. The other legitimate debts in the petition would not be affected.

[gdddd106]

I believe you can apply up to $10,825 of unused homestead exemption to personal property. Also, if you list the account from the college, and it is determined to be non-dischargeable, you will just have to pay that debt. The other legitimate debts in the petition would not be affected.

Ok, would I be able tofile my bankcruptcy at the local county court?

[free2breathe]

Ok, would I be able tofile my bankcruptcy at the local county court?

You have to file at the bankruptcy court. To find out the location, just go to Google, type in "Pennsylvania Bankruptcy Court" and you'll be able to find your district, informtion on filing, fees, local rules, etc.

[justbroke]

If you are thinking of filing bankruptcy pro se... I highly highly highly recommend that you get a few consultations with attorneys first. You are now talking about "juicy" assets that have equity. The Trustee love this type of case... where you don't know what you're doing. If you still decide to go pro se, please please please obtain a guidebook and ask a lot more questions.

I don't want to see you lose an asset because you didn't plan correctly (or didn't use an attorney).

The college loan is non-dischargeable (period). The only way to seek its discharge, is to file a "complaint" and seek to have the loan declared dischargeable. It's a large hurdle to do that.

[gdddd106]

I been doing research since my initial post. I've filled out the paper work. Went over them. I however would rather file the petition by mail cause of the near 3 hour drive and my work schedule. However I can't find an address on the website.

[free2breathe]

First, I would recomment making the drive to file in person. However, if you really don't feel like you can do that, I would contact the court clerk to get the mailing address directly from them. I did find addresses for both the Eastern and Western Districts though.
From the Eastern PA site, the following addresses are listed -
Philadelphia address:
Robert N.C. Nix, Sr. Federal Courthouse
900 Market Street, Suite 400
Philadelphia, PA 19107
Reading address:
The Madison Building
400 Washington Street
Reading, PA 19601

From the Western PA site the following are listed -

Pittsburgh

U.S. Bankruptcy Court
5414 U.S. Steel Tower
600 Grant Street
Pittsburgh, PA 15219

Erie

U.S. Bankruptcy Court
U.S. Courthouse
Room B160
17 South Park Row
Erie, PA 16501

Johnstown

U.S. Bankruptcy Court
Penn Traffic Building
Johnstown, PA 15901

Also, I would caution you to not have any changes to the balance of your checking account from the date you mail the petition until you are sure it's been received and recorded. They will technically use the balance on the DATE that the petition is actually FILED, rather than the day you mailed it.

I mailed ours, but if I had it to do over again, I'd have driven the three hours to hand deliver it.

[ValleYum]

I have a car that's worth 6600 bucks paid off. In PA you can use either Federal or State exemptions. The question is could I use part of the homestead exemption to cover the remainder to keep my car? I do not own a house.

I also have a account from a college I went to with a 1500 balance. It's not a loan. Is this discharged?

If I listed the account and it wasn't discharged would the entire filing be thrown out and NONE of my debts discharged?

Just curious - is this school account an 'Educard' account with DeVry?

[gdddd106]

Well I got my case # and stuff in the mail. Along with what I am missing. Mostly the Schedules, a local form, and copies of my pay stubs...

How ever I am not sure "A certicicate that the individual debtor was given the informational notice required by 11usc342(B)" is or how I obtain it now?

[gdddd106]

Just curious - is this school account an 'Educard' account with DeVry?

Nope. Local University.

[ValleYum]

It appears it is this form: B 201A (Form 201A)

You can obtain it on the US Trustee website here: http://www.uscourts.gov/FormsAndFees...ptcyForms.aspx

Just click on the hyperlink for B 201A

Hope this helps!!

[ValleYum]

Nope. Local University.

Okay - I just had experience handling this with DeVry and it was dischargeable.

[gdddd106]

It appears it is this form: B 201A (Form 201A)


Just click on the hyperlink for B 201A

Hope this helps!!

thanks! Yes it does. I'm off all weekend so I'm planning on double checking all my exemptions. That's my big worry right now. I have a car paid off thats a 2007 Ford Taurus its priv value is 6500.00.... I hear you can combine federal exemption and combine it with the left over homestead exemption? So I'll be looking into it.

[ValleYum]

You can do that!! Using the Federal exemption set, the wild card that is created by the unused portion of the homestead exemption can be split and stacked on top of other exemptions. So for your Taurus you would use the federal auto exemption of $3,450 plus $3,050 of the wild card.

We used the Federal exemption set when we filed. If you expect a tax refund, you can use part of the wild card to cover that, too.

[gdddd106]

You can do that!! Using the Federal exemption set, the wild card that is created by the unused portion of the homestead exemption can be split and stacked on top of other exemptions. So for your Taurus you would use the federal auto exemption of $3,450 plus $3,050 of the wild card.

We used the Federal exemption set when we filed. If you expect a tax refund, you can use part of the wild card to cover that, too.

Yeah, From what I was reading I figured that, that's why I jumped the gun and filed the voluntary petition. So I can focus solely on the exemptions and stuff without worrying about creditors bugging me.