Legal Question in Bankruptcy in Virginia

Chapter 7, Homestead Declaration in VA

I am going through a CHapter 7 Bankruptcy and I am separated from my husband. We still have a house and a car together. I had my 341 meeting yesterday and unless I provide a homestead declaration they will take a lot of my things since they should be exempt under the homestead exempt law ($5,500). However in all the docs I find, the homestead dec sates for either single or married people, not separated, and also states that I am living there, which I am not. Is this something that I need to draft up on my own then and use the forms as a guidleline? The trustee said he will take a lot of my property and all my money if I do not submit this to him rather quickly and I am very scared. My ex hunsband is not filing and I am trying to keep him out of this as much as possible. He maintains the house with our daughter. Any help would be appreciated. I did my paperwork pro se.


Asked on 10/29/08, 1:15 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Chapter 7, Homestead Declaration in VA

If you are separated, you are still married. You need to file a homestead deed within 5 days after the 341 meeting or you will lose what you can claim as exempt. If you don't understand this, get a lawyer.

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Answered on 10/29/08, 1:19 pm


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