I am filing for Chapter 7 in Colorado and have a question about Schedule C

Asked over 2 years ago - Denver, CO

I have claimed for exemption:
Car $3100
Clothing $500
Jewelry $200
Household Goods $1500
(These amounts are all within my allowed state exemption amounts)

I have no property and no secured debt. All my debt is consumer unsecured debt (credit cards and student loans).

On Schedule C, do I check the box for 11 USC 522(b)(2) or 11 USC 522 (b)(3)??????

Additional information

The items that I claimed for exemption are the only things I have left, I do not own anything else or have any accounts or own any property.

Attorney answers (3)

  1. Walter C Oney Jr

    Contributor Level 17

    4

    Lawyers agree

    Answered . If you are hell-bent on filing your own case despite the advice of all the attorneys on this forum that you need a lawyer's help, then you need to go read the statute. Cornell University maintains an online copy of the U.S. Code at http://www.law.cornell.edu/uscode/text. So go read section 522 and figure it out.

  2. Daniel A Frischberg

    Contributor Level 9

    3

    Lawyers agree

    1

    Answered . First, I'm not licensed in CO. With that being said, you should really go back and read those sections carefully. Colorado does not allow for the Federal Exemptions by state law. Therefore, 522(b)(2) can't be an option for you because it points you to subsection d which are the federal exemptions. Please reconsider filing bankruptcy on your own and hire a lawyer in your area familiar with the code and your states local rules. Good luck!

    ***I have been designated as a federal debt relief agency by an act of Congress. Among other services, I help... more
  3. Sidney Joseph Diamond

    Contributor Level 12

    Answered . You are going to have to check the box related to state exemptions which is the first box. Colorado is an opt out state and therefore the federal exemptions do not apply. What exactly is exempt under Colorado state law I am not sure. You need to read the state statute carefully.

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