California- ch 7 pro se - schedule C

[bts]

I've been filling out the ch 7 forms and have ran into some questions.....

I don't own much of value aside from a car worth ~$2k and a 3yr old computer which probably I couldnt sell for even ~$100. I don't own property.

California has 2 systems of claiming exemptions on schedule C, does it really matter which one I use, since I don't own much and all my exemptions will be covered by either system?

How exact must the 'description of property' and 'exemption' category for the statue match?......for example: 'computer' doesn't appear as a given exemption example, so I dont know which statue it would fall under (or does preciseness actually matter?)

Since cash-on-hand is included in schedule B, should it be added to schedule C?


and just for clarity, I DO NOT need to include things such as regular everyday clothes which arent worth anything? (ex: my $20 pair of jeans, etc)

oh, I have an old set of golf clubs too, I suppose I'd include those, but they arent worth much either.

[justbroke]

Generally speaking, you need to list all property, including clothing, even if it's exempt! Personal Property, like clothing, electronics, books, etc, will go on Schedule B. You'd exempt it on Schedule C.

Please remember that "cash" is in fact "personal property" and needs to be listed. As a matter of fact, on Schedule B, the first item is "Cash on Hand"! If you want to keep it, you need to exempt it. Therefore, you would list it on Schedule C along with the statutory provision allowing you to keep it.

I can't provide legal advice on which System to use, but if you have no real property (real estate), then it's probably better to use System 2 even if you don't use up all the exemptions.

Do you have a guidebook such as the NoLo Press How to File For Chapter 7?

[bts]

Generally speaking, you need to list all property, including clothing, even if it's exempt! Personal Property, like clothing, electronics, books, etc, will go on Schedule B. You'd exempt it on Schedule C.

Please remember that "cash" is in fact "personal property" and needs to be listed. As a matter of fact, on Schedule B, the first item is "Cash on Hand"! If you want to keep it, you need to exempt it. Therefore, you would list it on Schedule C along with the statutory provision allowing you to keep it.

I can't provide legal advice on which System to use, but if you have no real property (real estate), then it's probably better to use System 2 even if you don't use up all the exemptions.

Do you have a guidebook such as the NoLo Press How to File For Chapter 7?

I've just been reading through the online version on google, although you can only view certain pages, but I think I'm gonna go get it this week.

Ok, thanks for clearing that up. I think I got a clittle confused because I met with an attorney who asked about items I owned and verbally seemed to dismiss my generic clothing, since I didn't own anything of substantial value outside of my car, computer, cash.

I suppose it is merely better to literally list everything I own to be safe!?

[mrskal]

I dont know anything about systems, what my lawyer had me do as far as things we own is this. The only things we have of any value are a few pieces of jewelery, and our cars. He has a sheet to fill out. It may say "clothing" on one line. He told me to put $500. Then another line was "books, pictures, art objects, records, cd's and collectibles", and I put $100. Another line is "sports equipment". I put $100. I own one set of golf clubs. I may have an old soccer ball and a few tennis balls somewhere in the garage, but seriously, you cannot list every single item. I only listed out seperately, things like jewelery and cars, big items. Everything I own is pretty much at least 8-10 years old except clothing. I dont buy Cd's or DVD's, all the TV's are old except 1 small flat screen I got 4 years ago, and it was only $350 to start with. I would definately ask your lawyer to get more clarity on it, as they know the trustees and what they are looking for.

[joab]

[bts]

I would definately ask your lawyer to get more clarity on it, as they know the trustees and what they are looking for.

no money for an attorney, I'm filing pro se

thanks for your input

[bts]

I'll check that out.....



I've put some of my forms on hold until the NOLO book gets here