Asked in Bankruptcy for Florida

Q: I’m preparing to file for chapter 7 bankruptcy, I just received 6000 in tax return I paid my rent which was 3293.

Could I have the remaining 2700 amount exempt?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Bankruptcy Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It would depend on what other exemptions you are claiming. If you have no real property, or significant value in an automobile, and if you are using the state not federal exemption statute, probably. See Florida Statute 222.25.

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: When filing for Chapter 7 bankruptcy, understanding how exemptions work is crucial. Exemptions allow you to keep certain assets under both federal and state laws. The specifics can vary significantly depending on the state you live in. For your situation, having $2,700 remaining from a tax return after paying rent may fall under a cash exemption or a wildcard exemption, if your state offers them. These exemptions are designed to protect a portion of your assets from creditors.

It's important to review your state's exemption laws or consult with a legal professional familiar with bankruptcy cases in your area. They can provide guidance on whether the remaining $2,700 can be exempted under your state's laws. Documentation proving the source of the funds and how they were used (such as paying rent) will be crucial in this process.

Taking proactive steps, like reviewing your financial situation and understanding the exemptions available to you, will help navigate the bankruptcy process more effectively. Keeping detailed records and seeking guidance on how to properly allocate your resources can make a significant difference in the outcome of your filing.

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