I filed chapter 7 bk in indiana pro se. Do I have to use a different exemption for an auto than the one for personal property?

Asked about 1 year ago - Demotte, IN

I listed my auto on schedule c in indiana as personal property claimed exempt along with jewelry. The code I used has a limit of 9,350. My total is 10,500. It is repeatedly being objected to by my trustee. Should I use a different code for the auto? Can someone pleeeease tell me which indiana codes and limits to use? I tried the wild card but the limit is 9350. Which code do i use if i can include the auto as personal property and the amount is over 9350? I am stumped and cannot get any advise because i filed pro se. I believe I have submitted every different code possible with no luck.

Attorney answers (3)

  1. Juan Antonio Perez Jr.

    Contributor Level 11


    Lawyers agree

    Answered . If you have $10,500 worth of assets and only $9,350 to exempt it, then you are going to lose $1150 worth of assets.

    The question calls for actual legal advice specific to your situation (which statute to use to protect your assets), so it is not information you can get on a forum like this either.

    I would recommend you hire an experienced bankruptcy attorney to enter an appearance in the case and see if they can help you save your car.

    This is exactly the horror story that shows that bankruptcy is about much more than filling out forms. You can easily make the problem much worse and lose more in assets than it would have cost to hire an attorney when you file pro se.

    Attorney Jay Perez is a Managing Attorney with Macey Bankruptcy Law / Jacoby & Meyers-Bankruptcy, LLP, a national... more
  2. Nick Curtis Thompson


    Contributor Level 10


    Lawyers agree

    Answered . This is why you use an attorney. If the Trustee does his job your asset would be sold to pay the creditors for your failure to exempt this properly. The 1150 could have paid an attorney to do it properly. The attorney would have known the limit was 9350 and would have prepared the petition differently. Now that it has been done incorrectly there is not much you can do about it other than write a check to the trustee. I understand we attorneys don't like working for free just like you don't but I have seen a lot lost because you don't have our knowledge.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  3. Dorothy G Bunce


    Contributor Level 20


    Lawyers agree

    Answered . I am posting a link to a general description of the exemptions available in all 50 states for you to review. It is unfortunate that you didn't take a look at these laws before you filed so that you would have been aware of the limitations provided by the laws in your state. Hope this perspective helps!

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