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In Pa if person wants to use the 125000 exemption for home under the Homestead Federal Bankruptcy exemption should person not use 300 statutory personal exemption from Court of common pleas Pa?
Wiki User
∙ 14y ago
And then your going to think cases are opened, closed and happen just as you expect. Never happens. All laws and financial plans have many different viewpoints that are correct to be considered. As we've gone through..several times...and now your changing the "owns nothing else", you have our Condo at risk...regardless of the exemption, which there are ways to lgally get around.....GET A LAWYER. Oh that $300 personal exemption...frequently, almost always simply ignored by the court...in favor of a more fair/realistic one....like the $500 limit on value of car one can keep..(there ain't a $500 car worth keeping..court gets realistic). Things just ain't as clear as you think.
Wiki User
∙ 14y ago
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Homestead exemption for bankruptcy in Illinois?
Under Illinois Bankruptcy laws, the homestead exemption includes farm lot & buildings, condominiums, personal property or cooperative. These homes can be owned or leased. They can be up to $15,000, including the proceeds of sale for one year.
Can you sell personal property when filing bankruptcy?
When filing bankruptcy all assets are placed in a bankruptcy estate. Some assets are allowed to be protected and qualify for an exemption by the trustee. Items that are placed in exemption are permitted to be sold, but the trustee should be notified prior to the sale.
What is included in Claim of Exemption for a civil judgment against you?
The defendant may list whatever real or personal property allowed under the laws of his or her resident state that is considered exempt. Usually the exemptions that can be used by the debtor defendant to protect property from a judgment creditor will be the same ones that allowed in bankruptcy with perhaps the addition exemption allowed under federal non bankruptcy laws. The matter can become rather complicated and is best handled by an attorney or a legal consultant that is versant in the state exemption laws. Generally the most important would be the homestead exemption, for those judgment debtors who own real estate.
If you own your home are you homestead exempt?
A homestead exemption can be filed for a mobile home. Check with your town clerk for the procedure. Residential dwellings such as houses, condos, mobile homes are not considered personal property.Examples of personal property are: Household goods, electronics, clothing, jewelry, stocks, bonds, bank accounts and similar assets/items. Some US states have exemptions for such, consult the bankruptcy laws concerning your state of residence to find out what may apply. If the state does not have a set of exemptions then the federal bankruptcy exemptions apply during BK or a creditor judgment action. Please note: Allowable exemptions are based upon the actual ownership of the real or personal property in question. Joint ownership of any kind can change the judgment status of all property, especially when it relates to a married couple.
What can you keep in California bankruptcy?
In Chapter 13 bankruptcy, you need not lose anything as long as you follow the payment plan. In Chapter 7 or liquidation, there are certain assets that can be kept. It is dependent on the bankruptcy amount exemptions. In California, there are 2 sets of exemptions. Set 1 provides exemption for homestead, personal property, insurance, pensions, public benefits, tools of trade and wages . System 2, almost the same as System 1 but it has the wild card system. If the individual does not own property, he/she can use the value of the homestead for any property chosen. For an official opinion, it is advised you seek legal counsel.
What property is exempt from collection in Ohio?
Property exempt from lawsuit judgment is the same that is allowed in bankruptcy. Unfortunately, Ohio law gives the consumer very poor protection from judgment creditors. Basics: Homestead exemption $5,000. Private disability benefits, $600 (monthly) Personal property not to exceed a combined total of $2000. "Wild Card" any property not to exceed the amount of $400. Federal non bankruptcy exemptions are applicable (such as Social Security, pension benefits, etc.
If you cannot pay a judgment in a lawsuit what can the person not take of your real and personal property what of the debtors is protected?
That's decided by the exemption laws of the state in which the debtor resides. Some states have laws which cover almost everything a debtor might own including the primary residence. Other factors would be if the debtor is married, what property is held jointly and if the person resides in a community property state. The exemptions allowed in a lawsuit are the same as those used in bankruptcy, with there being additional federal non-bankruptcy exemptions applicable in some cases. The most important one for many debtors would be the homestead exemption, in some states it is automatically allowed under the state laws, in other states a homestead declaration must be on file with the county recorder's office for the home to be protected.
What are debtor's exemptions?
Every person that files for bankruptcy or has a judgment awarded against them in a lawsuit is entitled to certain property exemptions. Exemptions are determined by the state law where the person resides. For homeowners the most important would be the homestead exemption which can be used to protect a home from a forced sale. Even if the home cannot be kept, the person can claim the maximum homestead amount allowable under state statutes.
What can you do if your credit card company is suing you for nonpayment?
Two very important things, respond to the summons, and make certain to claim all the property exemptions that are allowed in accordance with the state laws where you live. If you own a home make sure the homestead exemption has been properly filed if it is required. The homestead exemption is what protects the equity in the primary residence and keeps creditors from using a lien to execute a forced sale of the property. If a lawsuit is not defended, and exemption claims are not filed, the defendant loses the case by default. This could result in the loss of real and personal property that would otherwise have been exempted from creditor attachment.
Can a credit card company take assets such as property personal belongings Social Security or retirement if one has no other income in NC?
Creditors can sue the debtor to recover monies owed, what property they can attach depends upon the laws of the state in which the debtor resides. All Social Security benefits and most pension benefits are exempt from creditor attachment. For the majority of consumers the homestead exemption is the most important; in some states the homestead exemption is automatically granted by law, in others a homestead declaration must be filed with the county recorder's office to protect the primary residence from creditor action.
If you owe 6000 on your credit card that you can not pay back can they force you to sell your home?
All states have a homestead exemption which in the majority of cases will protect a primary residence from forced sale. Several states have laws directly prohibiting forced sale of a person's home. How the title of the home is held, such as Tenants In Common, Joint Tenants, and so forth is also a factor. W/O knowing the state of residency it is not possible to be more specific. A web search can be used to find the homestead exemption and other exemptions that can be used to protect personal property.... (Name of State) Bankruptcy Exemptions (these are also applicable concerning a lawsuit judgment). Please feel free to email me if I can be of further help. (Macky..macky83@juno.com)
How much is the personal dependent exemption on IRS personal income tax form?
3700
