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Unused wildcard exemption

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    Unused wildcard exemption

    I have a question for those with more bk knowledge than I.

    If we have several thousand in unused exemptions on the day of filing do we loose the opportunity to use that exemption? Or can we still use it if something turns up and it's needed later on?
    Filed Chapter 7 April 29th, 2010
    341 June 1st, 2010
    Report of No Distribution June 2nd, 2010
    Discharged and Closed 8/10/2010

    #2
    Oops, thought I was posting in the exemption forum. Sorry about that.
    Filed Chapter 7 April 29th, 2010
    341 June 1st, 2010
    Report of No Distribution June 2nd, 2010
    Discharged and Closed 8/10/2010

    Comment


      #3
      Ok, maybe I should have been more specific. On 4/29 our petition was filed. Two days before that I e-mailed my attorney to let him know that our info in our petition for our vehicles was wrong. The info on our petition for our vehicle payoff amounts are the payoff amounts from February. This throws off our exemption amounts making it look like we have more left over exemption than we actually do. He forgot to fix it before he filed us.

      Will this be a problem? And if it is a problem and the trustee catches it we can still cover the equity that wasn't exempted with our left over wildcard right? I just don't want to hear that our bk estate was set on the day of filing and that we won't be able to exempt that equity if we need to.
      Filed Chapter 7 April 29th, 2010
      341 June 1st, 2010
      Report of No Distribution June 2nd, 2010
      Discharged and Closed 8/10/2010

      Comment


        #4
        You can amend - there may be a slight filing for for doing so. Should not be major, perhaps $25ish per form to amend?
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment


          #5
          Originally posted by SMinGA View Post
          You can amend - there may be a slight filing for for doing so. Should not be major, perhaps $25ish per form to amend?
          To amend one or all, it is $26. At this time, here is what I would do. (check what you would do with your lawyer). Your paper work is filed. An insignificant error was made of no real consequence. The Trustee if he asks, and he probably won't, you may tell him that you have unused credit. The work and importance of what you stated is not worth a big worry over. Don't sweat it. My opinion. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            The work and importance of what you stated is not worth a big worry over. Don't sweat it. My opinion. 'Hub
            Ok, good to know, thanks 'Hub.

            You can amend - there may be a slight filing for for doing so. Should not be major, perhaps $25ish per form to amend?
            Thanks SMinGA, I was wondering if this would require an amendment. In our contract with our attorney it states that he charges over $200 for amendments and that's why I haven't contacted him again to fix this. I'm not going to do anything about it for now. If it gets brought up in court I'll have a copy of the email I sent before we were filed as proof that I did bring this to my attorneys attention. If that pisses him off oh well, he goofed not me.
            Filed Chapter 7 April 29th, 2010
            341 June 1st, 2010
            Report of No Distribution June 2nd, 2010
            Discharged and Closed 8/10/2010

            Comment

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