When filing chapter 7, if you list all household items like TVs, computers, etc., can the trustee take them? 13 Answers as of March 22, 2016

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Ronald K. Nims LLC | Ronald K. Nims
Generally, there are exemptions for normal household items. However, the trustee can take items which are luxury goods with high value. For example, Ohio allows a roughly $10,000 exemption for clothes and household goods but it's limited to approximately $400 per item. So if you have a $5,000 TV, the trustee could take that. Remember, the value of items in a bankruptcy is the fair market value today not the retail price. If you paid $1,500 for a TV last year, it's unlikely that you could get $400 for it today. In fact, if you were selling a new in the box TV that's $1,500 at HH Gregg, you probably couldn't get $400 for it.
Answer Applies to: Ohio
Replied: 3/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Those items are "exempt" as household goods. Trustee will not take them unless you have some VERY high end stuff. You can google your state and "exempt property" to get a better answer.
Answer Applies to: California
Replied: 3/21/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not necessarily. You are allowed to keep what is referred to as "exempt property". Google this term along with the State you live in.
Answer Applies to: Colorado
Replied: 3/21/2016
Stephens Gourley & Bywater | David A. Stephens
In Nevada, you can exempt up to $12,000.00 of household goods. Those that are exempt will not be taken with the Trustee.
Answer Applies to: Nevada
Replied: 3/21/2016
Danville Law Group | Scott Jordan
Yes, they can. But, it is very unlikely. Most household items are covered by the household item exemption in California.
Answer Applies to: California
Replied: 3/21/2016
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Not if you have an exemption to cover the full value of the items.
    Answer Applies to: California
    Replied: 3/21/2016
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    There are exemptions for household items that prevent the trustee from taking them. The total value of household items you can exempt varies by state, but the exemption in your state will probably cover all of your household items. If it doesn't, and it looks like you'll lose some of your possessions in a chapter 7, you can consider filing a chapter 13.
    Answer Applies to: Colorado
    Replied: 3/21/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The Trustee can take anything, listed or not, that has not been properly claimed as exempt. So if you think that filing bankruptcy is just filling out some simple papers, be warned that if you make a mistake, there are costly consequences.
    Answer Applies to: Nevada
    Replied: 3/21/2016
    Stephen C. Whalen, P.A | Stephen C. Whalen
    Property that is not exempt under applicable law or property with a value in excess of the limits set forth in the Florida statutes is subject to being turned over to the trustee for liquidation and distribution to the creditors. In other words it depends on the value of the debtor's household property.
    Answer Applies to: Florida
    Replied: 3/21/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Household items are generally exempt entirely without regard to total value except for items exceeding a certain value (around $850). Those items may then be exempted using other exemptions or the wild card exemption. All items should be listed, however.
    Answer Applies to: California
    Replied: 3/21/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You have a $12,000 exemption for household goods and furnishings, clothing and electronics. So no you will be able to keep these items.
    Answer Applies to: Nevada
    Replied: 3/21/2016
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