Chapter 13 & 7 car exemptions

[Bkman2]

Next month I'm going to try and convert to a chapter 7. When I first went in for my meeting with my attorney we were going to exempt my wife's car (didn't file and is 1/2 owner on both cars). We were also going to use a wild card on some of my car. Attorney said I may have to pay $1000 to keep mine.

Ended up going chapter 13 (long story). The judge changed my liquidation from $1119 to $3200 for auto.

Is there a difference in what you can exempt in a 7 & a 13?

Does this mean I will have to now pay $3200 to keep my car?

The attorney put down..... my car value $4200 minus wifes ownership = $2100 minus wild card = $980.00

Wife's car value of $7000 minus my ownership = $3500 = exempt

[HHM]

No difference, the exemptions are the same for each chapter of BK.

[Bkman2]

So the judge can remove the $3500 exemption on my wife's car and make it now $2000? So if I convert I would have to pay $980 to keep my car and $2000 to keep hers?

[HHM]

This is really a question for your attorney as the answer depends on how exemptions work in your state.

[scarenth]

Chapter 7 and Wife's possessions

Hello,

I am planning to file Chapter 7 in about 6 months and had a question regarding my Wife's possessions. She is NOT filing with me and is not liable for any of the current debts. We are filing within FL.

My wife owns her car outright, and is completely paid off. Will her possessions be liquidated even if she isn't part of the filing? She does not work, but its needed for being a homemaker and volunteering in the community.

I currently have a car that is financed.

What are the rules regarding property of the spouse if they do not file with you?

[HHM]

Hello,

I am planning to file Chapter 7 in about 6 months and had a question regarding my Wife's possessions. She is NOT filing with me and is not liable for any of the current debts. We are filing within FL.

My wife owns her car outright, and is completely paid off. Will her possessions be liquidated even if she isn't part of the filing? She does not work, but its needed for being a homemaker and volunteering in the community.

I currently have a car that is financed.

What are the rules regarding property of the spouse if they do not file with you?

Don't quote me, but I believe that so long as the title is in no way in your name, and you spouse is not filing, the bankruptcy trustee cannot touch your spouses car.