I finally realized today that ALL BANKRUPTCY forms are FEDERAL, even if state exemptions apply.
Maybe this is part of the reason there seems to be confusion with my attorney(the para-legals) and my urge to use my exemptions in a unique manner.
It appears the feds have no allowance to include a boat under the Household Goods listing, but in Ohio's exemptions for household goods(each item up to $525), there is an allowance for hunting and fishing equipment.
I have always used my sailboat for fishing and on a light breezy day, it's near-perfect for trolling . . . anyway I digress.
I intend to use my allowance to $525 for a sailboat thatI've attempted to sell for $1000(with a motor), and to remove the motor from protection, as equipment used for hunting and fishing.
My attorney's para-legal says I can't use the exemption on my sailboat which is directly contrary to Ohio laws. The para-legal says I have to use my state's wildcard for the boat. I disagree.
I also intend to use my state's $1075 "wildcard" exemption on some equipment have that's worth(probably) more than the exemption. Again, the paralegal says that an exemption is "all or nothing" and that if I attempt to "partly" protect an asset, that I'll lose the asset and the exemption. Again I disagree.
Ohio laws says "the person's "interest"(my quotes), not to exceed five hundred twenty-five dollars in any particular item or ten thousand seven hundred seventy-five dollars in aggregate value, in household goods,", etc., etc. . . ., "firearms, and hunting and fishing equipment that are held primarily for the personal, family or household use of the person".
I claim that my sailboat is a "fishing equipment", elligible for the maximum $525 exemption under household goods.
Also I wish to use my "wildcard" on work equipment that might be worth more than the allowable exemption.
Ohio laws states "The person's aggregate "interest in any"(my quotes) property not to exceed one thousand seventy-five dollars " with no mention that all $1075 must be used for a single item.
I wonder if these issues might seem familiar from any Ohio filers and wonder how it was determined?
I trust my attorney to file the paperwork, but fear that like almost all attorneys he(or the para-legals), get into niches' because of the day-in, day-out, same ole, same ole.
Maybe this is part of the reason there seems to be confusion with my attorney(the para-legals) and my urge to use my exemptions in a unique manner.
It appears the feds have no allowance to include a boat under the Household Goods listing, but in Ohio's exemptions for household goods(each item up to $525), there is an allowance for hunting and fishing equipment.
I have always used my sailboat for fishing and on a light breezy day, it's near-perfect for trolling . . . anyway I digress.
I intend to use my allowance to $525 for a sailboat thatI've attempted to sell for $1000(with a motor), and to remove the motor from protection, as equipment used for hunting and fishing.
My attorney's para-legal says I can't use the exemption on my sailboat which is directly contrary to Ohio laws. The para-legal says I have to use my state's wildcard for the boat. I disagree.
I also intend to use my state's $1075 "wildcard" exemption on some equipment have that's worth(probably) more than the exemption. Again, the paralegal says that an exemption is "all or nothing" and that if I attempt to "partly" protect an asset, that I'll lose the asset and the exemption. Again I disagree.
Ohio laws says "the person's "interest"(my quotes), not to exceed five hundred twenty-five dollars in any particular item or ten thousand seven hundred seventy-five dollars in aggregate value, in household goods,", etc., etc. . . ., "firearms, and hunting and fishing equipment that are held primarily for the personal, family or household use of the person".
I claim that my sailboat is a "fishing equipment", elligible for the maximum $525 exemption under household goods.
Also I wish to use my "wildcard" on work equipment that might be worth more than the allowable exemption.
Ohio laws states "The person's aggregate "interest in any"(my quotes) property not to exceed one thousand seventy-five dollars " with no mention that all $1075 must be used for a single item.
I wonder if these issues might seem familiar from any Ohio filers and wonder how it was determined?
I trust my attorney to file the paperwork, but fear that like almost all attorneys he(or the para-legals), get into niches' because of the day-in, day-out, same ole, same ole.