Friday, June 11, 2010

More filing thoughts

I came home the other day feeling shaky and nauseated. I really wasn't ready to write about things and wanted to take a few days to process.

I think it comes down to the fact that every attorney, even if board certified in the same area, will have differing opinions based on their own experience with clients and trustees. What they both told me might be equally true. He made a good point, "it's ridiculous that how you do something is more important than the end result or the intention."

When my name was removed from my mother's account I "gave up my right to half of what was in the account on the day it was removed". Which means that I gave up quite a bit of money, and the fact that she spent it on other things doesn't mean a whole lot.

That said, they can't exactly go after her. They can, but because all that's in her account are her social security funds she's basically "judgment proof".

She should have written a check to herself for all but $20 in that account, opened a new account elsewhere, and then took my name off. I'd be "giving up" $10.

I discovered I'm under $1000, which is the FL allowed amount. (I also found out this amount was written into the state law years and years and years ago and that it's not been updated.) Prior to updating a few things on the list I was just a tad over, but now I'll be filing no asset.  Yay!

Likely they will not send someone to the house, he said, because it costs them to do so and chances are there's nothing about me that will set off the "I bet she's hiding a lot of stuff I could sell!" radar. It's not guaranteed, but he can't see why they would.

I had to claim 1/2 of everything we own jointly. It was my understanding that they could not take anything that we own jointly except up to the amount of joint debts, of which we don't have any. This is true, if they use a particular part of law that makes those items property of the marriage. He said that if I went over the $1000 then we'd invoke that, but if it's only $995, why draw attention and have it possibly challenged?

I felt like this guy was really competent. He'll be at my 341 meeting, and I feel like he'll do a good job.

I also paid the final $299, which was for the filing fee. My bankruptcy is officially 100% paid in full.

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