No photo
Asker
Posted over 1 year ago.

Thank you for your response. I only have about $2k left on the wildcard with which to protect this. And if that's all I CAN protect, I'm ok with that, especially if it means that the secured debts and priority unsecured debts are addressed before the unsecured debts.

What other exemptions might be viable ?

Case law on ~803 can go either way from what I've found in IL bankruptcy filings. Its not a given, but at times it has been allowed. I've found the case referencing both kinds of decisions. Yes, I understand that I can claim any exemption and that its up to the creditors to challenge it. Do you have any suggestions on where I can find research on 12-1001? googling so far hasnt been productive.

thank you.

Marc Gregory Wagman
Marc Gregory Wagman, Bankruptcy Attorney - Chicago, IL
Posted over 1 year ago.

I doubt googling it would lead to any results. Either Lexus or Westlaw may or may not be productive, my guess this would be an issue of first impression. It is unlikely that the creditors would object to the exemption it would be the trustee who does it. I would again say that you need an attorney.

Marc Gregory Wagman
Marc Gregory Wagman, Bankruptcy Attorney - Chicago, IL
Posted over 1 year ago.

On the crime victim exemption I think it would be very unlikely that it would apply. The statute from my reading of it says that it is for compensation for violent crime. An EEOC claim certainly would not fit into that definition.

No photo
Asker
Posted over 1 year ago.

Thank you again for your response. I understand that I need an attorney. I've been talking to attorneys for over two years and cant find any who will take my case. I cant make my monthly expenses as it is. How how do you recommend that I go about finding one?

Paula Brown Sinclair
Paula Brown Sinclair, Bankruptcy Attorney - Twin Falls, ID
Posted over 1 year ago.

Bankruptcy attorneys come in many varieties, some distressingly less diligent than others. Your exemption issues require aggressive and knowledgeable representation by someone not afraid of litigation. As a group, members of NACBA meet this definition. Use the attorney-finder at www.nacba.org. good luck to you.