On Schedule C-Property claimed as Exempt of Chapter 7 Bankruptcy do I use 522 (b) (2) pr 522 (b) (3)??
Los Angeles, CA
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Posted about 1 month ago in Bankruptcy / Chapter 7
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On Schedule C-Property claimed as Exempt of Chapter 7 Bankruptcy do I use
522 (b) (2) or 522 (b) (3)?? How can I tell which form to use? Answers (3)Andrew Daniel Myers
This attorney is licensed in Massachusetts and 1 other state.
Posted about 1 month ago.
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Schedule B requires that you list all of the personal property standing in your name. Then in Schedule C you must elect either state exemptions or federal exemptions. The only problem with this for you is that in California, the legislature has opted out of the federal exemptions and so you are restricted to using the state exemptions only. Makes the "decision" easy, doesn't it?
This answer is intended for informational purposes only. True legal advice can only be given by an attorney licensed in your jurisdiction, with experience in the area in which your concern lies in an office consultation. iccaramba
Posted about 1 month ago.
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Thank you. On Schedule C- Property claimed as Exempt form, my car is my only exemption. I don't own any other property. In this case would one check:
11 U.S.C. 522 (b) (2) OR 11 U.S.C 522 (b) (3) Would the car be considered 2 or 3 in Los Angeles? Vincent A. Gorski
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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On Schedule C you will check box 522(b)(3). However, you will still need to provide the applicable code section for the exemption you are seeking.
While Mr. Meyers is correct in that California has opted out of the 522(d) Bankruptcy Code exemptions, California state law gives you the option to choose between (1) a set of state law exemptions similar (but not identical) to the Bankruptcy Code exemptions; and (2) California's regular (non-bankruptcy) exemptions. You need to check out which set of exemptions better serves your purposes. I wish you the best of luck in finding a resolution to this matter. Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a legal problem without a comprehensive consultation and a review of all facts and documents at issue. This answer does not create an attorney-client relationship. I am a California Bankruptcy lawyer. |