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Roger
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Category: Bankruptcy Law
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Bankruptsy? Under Florida Law is a debtor in a CH 7 proceeding

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Bankruptsy? Under Florida Law is a debtor in a CH 7 proceeding required to list his clothing as an asset and if exempt is there a specific exemption and if so where can it be found?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Schedule B of the bankruptcy schedules has a column where you list your clothing. It's usually referred to as "Wearing Apparel" - - that's where you would list your clothes. You would give a value based on what you could get at a flea market or a garage sale.

As for exemptions for clothing, there is a $1000 exemption for an individual for personal property - including clothing, furniture, cash on hand, etc. There is also a $4000 personal property exemption (wild card exemption) for debtors that do not claim a homestead exemption. Thus, if you don't have a home or aren't planning on claiming homestead on it, you can claim up to $5000 worth of personal property as exempt.

Here's a link to the law for both of these exemptions: http://www.bankruptcylawnetwork.com/florida’s-personal-property-exemption-increased-to-4000/
Customer: replied 4 years ago.

just one thing...my bankruptsy was filed in April 2010..were these the same exemptions in place at that time? (I saw the '"increased-to-4000/") and wondered if that was sooner

Hi -

The $1000 exemption is in the Florida constitution. Also, the $4000 exemption went into effect in June or July of 2007, so you'd be covered by both.
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