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Can someone explain this to me?

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    Can someone explain this to me?


    #2
    Originally posted by nervous1 View Post
    So what does this mean?:

    **Homesteads:
    •The exemption for a homestead is limited to $125,000 if the property was acquired within the previous 1215 day (3.3 years). The cap is not applicable to any interest transferred from a debtor's previous principal residence (which was acquired prior to the beginning of such 1215-day period) ;
    •The value of the state homestead exemption is reduced by any addition to the value brought about on account of a disposition of nonexempt property made by the debtor (made with the intent to hinder, delay, or defraud creditors) during the 10 years prior to the bankruptcy filing.**
    You didn't say where you found this extra homestead exemption information. I did a quick search of the typical GA exemption sites and didn't see this included. Is it from the GA bk statute itself?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I found it online. And, yes, I believe it's from the statute itself. If I find the link again, is it okay to post here?

      Comment


        #4
        Originally posted by nervous1 View Post
        I found it online. And, yes, I believe it's from the statute itself. If I find the link again, is it okay to post here?
        I did the search and found this same exact homestead text on sites that refer to multiple states, not just GA. It's located on sites that were making interpretations about the new 2005 bk law right after it passed but hadn't gone into effect yet, that's all.

        Looking at all the GA-specific bk exemptions sites, what appears to matter in GA is the $10K single filer / $20K married joint filers homestead limit. That's all that's ever mentioned.

        If you are planning to file with a lawyer and haven't retained one yet, this is a great question to ask during your 3-4 free initial consultations. If you have retained a lawyer already, then ask your lawyer to be certain. If you intend to file without a lawyer, then if your local court is one that's ok helping pro se filers (not all are) you can go online or call and ask this question as well.

        Here's the best GA-specific site I found that explains in an easily understood way how the GA exemptions work - http://www.atlanta-bankruptcy-attorn...xemptions.html . Be sure to click on the "maximizing your Georgia bankruptcy exemptions" link included here too for a more detailed explanation of how the GA homestead exemption works with other GA exemptions too.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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