Legal Question in Bankruptcy in California

Chapter 7 Riverside county

We have lots of personal debt. But assets like 3 paid off cars. Can we claim my husbands car as--name removed--biz exception as he is in real estate. Also, Will the trustee send someone to our home to go over all we have. We live in--name removed--big house, 4 kids at home, no antiques, but like for example we have 2 patio sets, all the kids have ipods, 2 TVs.. and 5 bedrooms and--name removed--work out room as I do personal fitness training. What will they want to take. I was told the trustee gets--name removed--percentage of what he can sell. Thankx.


Asked on 4/07/09, 4:41 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Chapter 7 Riverside county

You need to consult with bankruptcy attorney in person, with all of the information at hand. It is impossible to render an opinion based upon the general information you provided. How much are the cars worth - are they inexpensive, or are they exotic sportscars? Is your gym equipment high-end, commercial equipment? Its all a matter of determining value, and determining if the assets can be exempted, or if you need to pursue a chapter 13 to protect non-exempt assets. The answer to your question unfortunately requires an in-depth analysis of your situation, and that cannot be done in this forum. Yes, the Trustee is paid based upon what he liquidates, but he cannot liquidate assets that are properly classifed as exempt. If you are in Southern California, feel free to call or email me as we do provide a free initial consultation.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/07/09, 9:10 pm


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