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 .
what is wild card exemption? I am in florida
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.
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.
Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).