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  1. #1
    Join Date
    Mar 2009
    Posts
    4

    Default Using Wildcard Exemption for Investment

    I would prefer to file Chapter 7 rather than 13 but have one issue that I have not been able to get resolved. Have to file bankruptcy due to lawsuit filed by a bank for a loan that my ex-husband was to pay [balance is around $65,000]. He retained 100% ownership of our company in our divorce and was to indemnify me of all debts. Now the company has gone under and he is filing bankruptcy which will mean I will be listed as one of his creditors and the indemnification will mean nothing. I meet the means test for filing Chapter 7, do not own a home, own only one car and have no non-exempt assets other than investments I made over ten years ago in some partnerships that invested money in a chain of restaurants. I get a check once a year for the percentage of the four I am involved in that is usually about $8,000 net. I have been told that I can exempt this using my wildcard, but that it will only work for the first year and that in the second year, I could lose it. I don't understand how that works. If a value of $10,000 is put on that investment and I have enough left to use in my wildcard exemption, why would it not be like any other asset exemption?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Using Wildcard Exemption for Investment

    How do you come up with the $10,000 value for the investment? Any investment that consistently returns @$8,000 per year is worth considerably more than $10,000.

  3. #3
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Using Wildcard Exemption for Investment

    One of my other partners in the group is a CPA and on his financial reports, he reports the asset to be valued for what he paid for it. That's the total amount I paid for it.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Using Wildcard Exemption for Investment

    That's your basis, not its value.

    If you think it's only worth $10,000, I'll buy it from you right now for $11,000. Deal?

  5. #5
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Using Wildcard Exemption for Investment

    Assume with me that the value is $10,000 [reports for 2009 are significantly lower than last year, so income will not be near what 2008 was] - would someone please answer my question????

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