Definition of Residence

[Lostitall]

Quick summary, filed Chap 13 in Aug 09, was paying $400/month to trustee. Lost my job 6 weeks ago. I am trying to get conversion to Chap 7. I only have enough money for a month for a roof over my head.

My car has no lien and a value of $6000, $1000 over exemption in Florida. I have no belongings except for 2 pairs of jeans and 10 shirts, under garments of course.

If I get a tent and live out of my car, which is a likely scenario, would it be considered my primary residence thus exempt by Florida's Homestead definition?

[AngelinaCat]

No. This deals with Real Property. Here is a link to some information found on myflorida.com:

http://dor.myflorida.com/dor/property/exemptions.html

[AngelinaCatHub]

Are you renting? Or, is the house in the $400? At this time, you have no income, ergo, no problem with conversion. For legal reasons, get a postal box as your "residence" if you have to camp. (I've done this myself in early life). I think you are a 'shoe in' for C7. 'Hub

P.S. We live in FL also. Near Palitaky. 'Hub

[Lostitall]

The $400 is the trustees payment every month. My rent is $650. I was thinking that I could sell my free and clear car to keep a roof over my head and utilize public transportation once I find a job.

This really stinks that the ex is living in the lap of luxury, i was awarded all the marital debt and now facing the darkest days of my life.

Thank God for these forums and the caring people to share with.

[justbroke]

If you convert, your car will not be considered! This is because a conversion is the same case, and unless you act in bad faith, they can't take the car in the "converted" Chapter 7 case. It's your asset.

[Lostitall]

Confused

So converting to Chap 7, I would be able to keep my car, though it it totally paid off? Thus, I could sell it and use the proceeds for rent, food, etc until I have a paycheck again and avoid living in a tent.

[DeadManCrawling]

In addition to the $1,000 auto exemption, Florida now has a $4,000 exemption per person (8k per couple) wildcard. You can use this to exempt the full value of the car, if you are not claiming a home, which sounds like is the case.

If you have already accounted for the 4k, I doubt the trustee will pursue the 1k difference. Get an appraisal from a local car lot, as low as possible. Often times people overvalue their autos. KBB is usually used in our local courts, bu they do take into account the car's condition. I have a BMW that is worth 10k, but needs 6k in repairs. I am hoping the trustee will take it, but my attorney says probably not.

[justbroke]

So converting to Chap 7, I would be able to keep my car, though it it totally paid off? Thus, I could sell it and use the proceeds for rent, food, etc until I have a paycheck again and avoid living in a tent.

Yes. But you may need to wait until the discharge of your Chapter 7 in order to do this. Mostly because there are some Trustees that may still go after the car, but the caselaw is pretty good on this topic.

[Lostitall]

Great, Thanks for the info.