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    Help!

    I am filing Pro Se but I am running into a considerable issue....

    My husband and I rely on student financial aid and we get this every three months. So while it may look like we have a huge amount of money in our bank account, that amount of money has to last until the end of July.

    (1) I can't exempt all the money in my account, what should I do with it?

    (2) Can I pre-pay my rent for three months?

    I would prefer to just wait until right before our next disbursement to file but our car was repossessed this week and we really want to file before they sue us.

    I am using Indiana Exemptions though I live in Oregon currently, FYI.

    This process seems like such a huge undertaking, I don't know how I am supposed to handle this all on my own, but we can in NO WAY afford a lawyer.

    #2
    Yes you can prepay rent, you can stock up on necessities and fill your pantry. I've heard others say you can buy gas or gift cards but that seems to me like it would just be an asset in a different form than cash.

    If I were you I'd see a couple of attorneys for the free consult, ask as many questions as they'll answer. You could find one that is more affordable than you anticipate, at minimum you'd have a better grasp on your situation than you do now.

    GL!
    attorney consult and decided to file, 02/15/2010
    no-asset Chapter 7 filed, 03/11/2010
    341, 05/10/2010
    discharged, 07/13/2010

    Comment


      #3
      Originally posted by blessed View Post
      Yes you can prepay rent, you can stock up on necessities and fill your pantry. I've heard others say you can buy gas or gift cards but that seems to me like it would just be an asset in a different form than cash.

      If I were you I'd see a couple of attorneys for the free consult, ask as many questions as they'll answer. You could find one that is more affordable than you anticipate, at minimum you'd have a better grasp on your situation than you do now.

      GL!
      Are pre-paid rent and rental deposits considered an asset?

      Thanks for your help!

      Comment


        #4
        You can pre-pay rent. That's not an asset. However, deposits are an asset and need to be listed on Schedule B: Personal Property. There are several States which actually have an exemption for Rental Deposits so check your State exemptions.

        Since you're pro se, you really need to re-read the ACTUAL statutes for Indiana and be sure that a non-resident can use the exemptions! Most of the States don't allow a non-resident to use the exemptions so that means you revert to Federal.

        I think you should really be looking into attorneys. You should find the money by stop paying credit cards. You are certainly capable of saving. I'm afraid you may make some mistakes on that pile of cash in the bank and with using Indiana exemptions.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Many people that attempt to file pro se find out why attorneys charge the fees they do! :-) When you have a situation that becomes complicated and you live in one state and are using information from another, in the long run to save time and money and avoid possible problems when you file, it is to your best interest all around to seek counsel. Best of luck to you!
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            I really believe that the OP is in trouble because the Indiana Code clearly requires you to be domiciled (not just a resident) of Indiana to use the exemptions in IC 34-55-10-2.

            IC 34-55-10-2(c) The following property of a debtor domiciled in Indiana is exempt:
            Emphasis added is mine.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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