Before being required to provide the statement required by Section 522(q)(1) of the U.S. Bankruptcy Code, a Bankruptcy filer must first have exemptions under state law in excess of $146,450.
These exemptions will be listed on Schedule C.
The amount of equity that a filer has in real and personal property can be exempt up to certain dollar amounts, as determined by the State in which the filer lives, and it is the sum of these allowable exemption amounts that must exceed the $146,450.
In the majority of Chapter 13 cases, debtors will not have exemptions in excess of $146,450. Since this is the case, Standard Legal does not make the Statement available as a part of its on-line forms database.
If, however, a filer’s exemptions do exceed this amount, the statement must be filed — and most Bankruptcy Court Districts have their own version of the Statement.
If you are a customer of Standard Legal and the total of your exemptions exceed $146,450, please let us know the District in which you will be filing your case and we can provide you with the appropriate Statement.