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Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases
The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.
Free - 2010 Bankruptcy Strategies Explained
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California Bankruptcy Laws - Personal Property Exemptions
Code of Civil Procedure §703.140(b) provides, in part, "(3) The debtor's interest, not to exceed four hundred fifty
dollars ($450) in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books,
animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent
of the debtor. (4) The debtor's aggregate interest, not to exceed one thousand one hundred fifty dollars ($1,150) in
value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor."
Application through the Code
According to 11 U.S.C. 522(l) "The debtor shall file a list of property that the debtor claims as exempt
under subsection (b) of this section. If the debtor does not file such a list, a dependent of the debtor may
file such a list, or may claim property as exempt from property of the estate on behalf of the debtor. Unless a
party in interest objects, the property claimed as exempt on such list is exempt." The trustee, creditors, an
interested party, or the court upon it's own motion, may file an objection to exemptions designated within a
debtor's schedule. Denial requires notice to debtors and hearing.
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