Legal Question in Bankruptcy in California

I have my family residence worth $215,000 and is secured with a loan of $192,864 leaving me an equity of $22,136, also 2 cars: car 1: worth $2000, car 2: worth $9000. Am I able exempt the equity on the property with the homestead of $22,075 and the 2 vehicles with the wildcard under the 703 Law. the trustee told me that I need to amend schedule C .

Any help will be greatly appreciated.


Asked on 10/27/10, 3:28 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I hate doing this on these forums, but you are going to have to speak with a local bankruptcy attorney, and probably buy some of his or her time to help you with the exemption planning. It depends a great deal on your other assets and to what degree they are exempt. This isn't a case of simply telling you how to fill out Schedule C, there is a lot more involved.

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Answered on 11/01/10, 3:37 pm
Robert F. Cohen Law Office of Robert F. Cohen

If you are using the section 703 exemptions, then you have to total up all of the wildcard exemptions, and see if they are at or below the maximum. If you are using the section 704 exemptions, different rules apply. You cannot mix and match from each section -- you have to opt for one section or the other, but not both.

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Answered on 11/01/10, 3:56 pm


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