Corona, CA asked in Bankruptcy for California

Q: Can I file an amended schedule for homestead exemption from 100 to 175 thousand if I turned 55 a few weeks after filing?

In California. I filed chapter 7 and claimed 100 thousand for the homestead. I filed alone. Me and my wife qualify for the 175 thousand dollar homestead. We made under 35 thousand and I am over 55 years old. The Trustee said I can't claim it because I was not 55 when I filed for Bankruptcy. I was 54 and 11 months years old. Can the Trustee disregard the amended homestead for the 175 thousand? Thanks for helping me out Mr. Sundwall, God Bless you....

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1 Lawyer Answer
Sally J. Elkington
Sally J. Elkington
  • Bankruptcy Lawyer
  • Oakland, CA
  • Licensed in California

A: No. It is your age at date of filing.

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