Also, am confused about listing values of property- on the committee notes section of the court, it says use replacement value?????????
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Where are schdeules a,b,c,d? I don't find them.
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If you need help in finding any forms, they are listed here and you can print them http://www.uscourts.gov/bkforms/bank....html#official
Schedules a,b,c and d are you real property, personal property, property claimed exempt, list of creditors holding secured claims...I think that is correct.
As far as value of your property are your referring to personal...or actual real estate property? As far as personal property goes (everything you own in and around your home) use garage sale pricing only. As far as real estate of course use either an appraisal price or in some courts it is okay just to use the figure from your property tax bill (that's what we used)."Try to save money. Someday it may be valuable again." - Anonymous
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I think the new law requires you to use "replacement value" for personal property - but when I filed, my lawyer told me to tell him "garage sale value" for my stuff.DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.
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Originally posted by JollyGG View PostIf I wanted to replace my 10 year old couch with another 10 year old couch of similar condition where would I find one?
Answer: Garage sales"Try to save money. Someday it may be valuable again." - Anonymous
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Originally posted by BKTango View PostFor some reason I laughed really loudly when I read this. Our entire living room set including tables are those huge monster wooden beasts from the mid 70's and I am quite sure I would DIE if I seen someone else had this stuff. I think I valued the whole lot for $100.Filed: 10/26/2006
Discharged: 03/05/2007
Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund
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Samantha,.............. The absolute best piece of advice I can give you about filing out these forms is,.............. Look at filings done by attnys on PACER. You can see how pros complete the Schedules. That's a very good indicator of what your Court is used to seeing in the way of values and what Statutes to apply to different things.
PACER costs a bit of money, but it can be well worth the cost if you learn a lot and complete your BK Petition correctly.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Originally posted by JollyGG View PostOkay, I admit it - the only place to find a couch to replace the one I have would be at the dump. But, hey a girls gotta have somewhere to sit. I valued mine at $15 in my petition. When I responded earlier I assumed the person asking the question had nicer stuff than I do.DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.
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Probably not...they're household goods still, IMO. And besides, the thing to think about is...will they sell? Whenever you have a potential non-exempt good, if you're worried about having to give it up, ask yourself first: will it sell quickly for enough money to be worth something to creditors? If not, you don't have to worry about it. (Of course, you still list it...but the trustee will abandon it if s/he can't get anything out of it.)DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.
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I'm not sure- how does the property end up for sale by the trustee?
Say for example, my palms are nonexempt (say they are worth thousands, just for the sake of argument) and the trustee wants to sell them. Would he have them phyically removed from my house? Taken somewhere, like an auction house? Or maybe just advertise them for sale somehow? This is definitely a concept I have not seen any mention of in here- the actual process of taking physical property (not including real estate)?
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There was a Member who posted here when I first joined. He was told specific items he had to turn over. Where to take the items. And when they had to be turned in.
Scooter's post. Page 2. Post #22 of this Thread:
http://www.bankruptcyforum.com/showt...&highlight=410
And then there was the Poster, Bubbly. Who the Trustee went after them for garden tools and other personal property listed on their Schedules.
http://www.bankruptcyforum.com/showthread.php?t=6257
And the story continues:
http://www.bankruptcyforum.com/showthread.php?t=6332
There haven't been any similar posts recently. IMHO,........ It's because attnys and the Trustees have been adjusting to the New Law. We may likely see similar posts popping up in the future once everyone gets used to the New Law.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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I thought I read somewhere that purebread dogs are considered assets, I guess because they can generate income. I can see why, but I'd train my dog to bite any trustee that wanted to take her away!Filed CH7 - 10/13/05;
341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
DISCHARGED: 2/15/08
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Originally posted by SamanthaJones View PostI can see dropping jumk off at a central loaction, only for them to haul it to the dump?
During our Consult, our attny told us where the local Court collects items for sale. Once a month, or so, there's an auction where seized items are sold. Our attny even mentioned the auctioneer's name in a "familiar" sort of way.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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