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i declared $ 1.790.00 as goods and personal effects and this

 
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  • Answered by:cortrightlaw
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i declared $ 1.790.00 as goods and personal effects and this goods were exempted in schedule C ( 1.790.00 ). I did not included in this list my mother's households goods because my lawyer never explained to me that i should have to declare those goods in a form. also i did not include the office stuff that i moved from my former office to my house a month after I filled the bankruptcy. I also did not include a cabinet affixed to the apartment.
Conclusion: The trustee ordered an appraisal in my house. This appraisal showed a value for $ 8.500.00 that included my mother's stuff,the cabinet affiixed to the appartmentt and the office stuff that i moved in order to work from my house. NOW the trustee want to sell every thing from my property to collect # XXXXX for me and the rest for the creditors.
My question is: Under the principle of Bankruptcy of FRESH START he is going to sell every thing from my house ? WHERE IS THE FRESH START? WHEN THIS TRUSTEE FINISH WITH ME AND MY FAMILY WE ARE GOING TO LOSE EVERY THING EVEN MY JOB.

THE JUDGE WILL PERMIT THIS ACTION .

Submitted: 329 days and 3 hours ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED

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Expert:  cortrightlaw replied329 days and 2 hours ago.


cortrightlaw : The problem is that you did not list the items so you had no way to protect them since you did not apply any exemptions. Do you have any of the wild card exemption left?
JACUSTOMER-9djn099z- :

what is wild card exemption? I am in florida

JACUSTOMER-9djn099z- :

I estimated my all household goods in 1.790.00 ( not item by item) and exempted all in schedule C. We are talking about used coffee maker,used rice maker,tv,kitchen every thing that i have to use to live .. The trustee wants to sell every thing.

cortrightlaw :

Sorry thought you were in california for some reason, in Florida you do not have a wild card exemption, while florida law is very liberal towards protecting your home it has very limited exemptions for other property. That being said it seems very strange that the trustee would even be interested in your used stuff, I have never seen that happen in my district. What you can do depending on your trustee is make him an offer to buy your own stuff, even though his appraisal seems very high, or you are going to have to go in front of the judge and argue the value of your stuff.

Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 98.9 %
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Answered: 6/23/2012

Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

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