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I want to file for Chapter 7. Income level for the state is above the median, but I passed the means test.

Asked over 2 years ago - Salem, NJ

I have two questions to ask about what is exempt. First, is my 401K plan exempt? Second, as there is no value in the home, I read somewhere that I can use half of the federal exemption for homestead, which would be $10100. (My state is an opt in state.)
The 401k is only $8500. Can I exempt that whole amount? But if the 401K is already exempt, is it fair to say then that I can apply that $10100 to any other properties I choose, like family heirlooms, or an art collection, or musical instruments or all three?

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Attorney answers (2)

Ronald Anthony Sarno

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in New York, NY.

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You really have to discuss these issues with a BR attorney. BR petitions have become very complicated even for lawyers. What qualifies for exemption and what does not is very fact specific. For example, if the musical instrument has no market value, the BR`trustee might not even consider it an asset. On the other hand, if it has substantial monetary value, if would be part of the assets which might or might not qualify for the exemption pool.. From the little you have posted I have serious doubts you even qualify for a 7, but most likely would have to file a 13, which means a pay out plan.You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful

(Even if you are not filing a lawsuit this information can be useful).

You might find my legal guide on commercial litigation helpful.
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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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Jeffrey Daniel Larkin

Reputation Level 15

Answered over 2 years ago. Bankruptcy Attorney in Carlsbad, CA.

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Your 401k is fully exempt and if there is no equity in your home then you do not need to exempt it to keep is safe from creditors. If you are using the federal exemptions, there is a wildcard exemption that can protect your art collection, family heirlooms etc. depending on their values.

LEGAL DISCLAIMER
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.

The Larkin Law Firm

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