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my parents filed a CA Ch 7 bankruptcy case and they were given

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their discharge two days ago...
my parents filed a CA Ch 7 bankruptcy case and they were given their discharge two days ago. Yesterday, my father received a loss of wages settlement from his former employer for an amount of 8,100. He was told to motion the court to re-open his case and complete both a schedule B and C. My question is, what law do I specify...providing for that exemption on schedule C? and How do I list the judgement check on schedule B? My parents filed their bankruptcy jointly.
Submitted: 6 years ago.Category: Bankruptcy Law
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Answered in 17 minutes by:
12/7/2011
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
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Hi JACustomer,
Did your parents use the System 1 or the System 2 set of exemptions?
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Customer reply replied 6 years ago
system 1 I believe.
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago

What was the reason for the loss of wages?

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Customer reply replied 6 years ago
He worked 20 years for his company and during those years, he was never given the proper lunch break time. So, a group of his former co-workers filed the suit, including my father's name, and they won a settlement. My father received 8,100 as his part of pay for the loss of his lunch hours.
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
There is no exemption in System 1 for lost wages not based on injury. In other words, if they used System 1, they will not be able to keep the check.
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Customer reply replied 6 years ago
I called the trustee and he told me to fill out schedule b and c, I'm not sure if I listed system one or two...how can I tell? and the judgement is not for injury, it was a settlement for loss of wages???
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
What are some of the statute numbers on the current Schedule C?
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Customer reply replied 6 years ago
11 U.S.C 522(b)(2)
11 U.S.C 522(b)(3)
or check if debtor claims a homestead exemption that exceeds $146,450*
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cfortunato
cfortunato
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Category: Bankruptcy Law
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