CA questions pro se

[unwealthy]

I'm filing chapter seven and had a question about exemptions. I have firearm and I'm up against my limits of exempts. Do I need to use wildcard to cover the guns or can I use household goods exempt? Also, do I need to list vaction pay that I've banked at work and use the wildcard for that too?

[justbroke]

Which System are you using? How much money, for the firearms, are we talking about?

[unwealthy]

system 2 and the guns are worth $1500. Do you know about the vacation pay? In the process of putting the paperwork together, I found that it's fair game for the creditors. I've got 9K banked in vacation pay.

[justbroke]

system 2 and the guns are worth $1500.

Are you using the homestead exemption on a home/property, or did you use up the entire about $20K "unused" homestead exemption?

Do you know about the vacation pay? In the process of putting the paperwork together, I found that it's fair game for the creditors. I've got 9K banked in vacation pay.

Banked how, in a National Bank? Or are you talking that you have vacation time "banked" at work.

Where did you read that vacation pay was property of the Estate? There have been Trustees who claimed it was, but this has been to the Circuit Court of Appeals in at least the 5th and 9th circuits and vacation pay is not "property" so, by further construction, it is not property of the State.

You're in California, so that's the 9th Circuit, so it's binding in your District. The case is Kenneth Robert FREDERICK v. Kal W. LINES, 425 F.2d 215 (9th Circuit 1970) certiorari granted and affirmed, LINES v. FREDERICK, 400 U.S. 18 (U.S. Supreme Court, 1970).

[unwealthy]

I read this in the Nolo Press 15Th edition of how to file chapter 7 bankruptcy. The author specifically states vacation pay accrued as property of my estate. By "banked" I'm referring to accrued vacation time available to me. If I include the vacation time with cash, auto, etc. I'm up against the limit of my exemptions. It's good to hear that the vacation pay doesn't require use of exemptions.

[justbroke]

It depends on your State. From the caselaw I sent you, the 9th Circuit, of which you're a member states that it is NOT property and therefore not property of the bankruptcy Estate. It will differ in different parts of the country and will depend mostly on unerlying State non-bankruptcy law.

[walkthaplank]

Do you get some sort of lump sum with your vacation pay in addition to your normal salary or is it used to pay you when you are on vacation in lieu of salary?

[unwealthy]

I can"t draw the money out as cash, I'm only given the days off and paid my regular salary for the time.

[justbroke]

I can"t draw the money out as cash, I'm only given the days off and paid my regular salary for the time.

It's not convertible to cash and it is "not" property. I would not worry about this. I would not even list it as property on any bankruptcy Schedule.

[unwealthy]

Thanks very much for your help!