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Bankruptcy Exemption questionQ. 18 months ago I accepted a job here in Kentucky and moved from San Diego. About 6 months ago I ran into some legal problems and due to the stipulations in my contract I was terminated from the company. Due to losing my job, I went from an income of about 50k to my retirement income (from the Military) of about 12k. Because of ongoing legal entanglements I have been unable to secure another job (and may not be able to until the legal problems are resolved). I currently owe about 30k of (mostly unsecured debt) and have been unable to keep up my payments. I had hoped (and still do) to get another job but have had no luck so far. My creditors are starting to send my accounts to collection agencies and I am getting near the end of my rope... I don't really want to but I may need to file for bankruptcy and was wondering what the exemptions of my property I could expect. (I went to a lawyers office and they said it would cost $200 for a consultation which I don't have). There is a Place here in town that will sell me a "bankruptcy information and filing packet" for about $50. In casual conversation with the receptionist at the law firm I was told I could exempt $1000 of personal property if I file chapter 7. Is there a list of the items or property amounts I can exempt under chapter 7 available somewhere? I looked at several places on the web and wasn't able to locate one. Again I hope to get on my feet as soon as my legal battle is settled but am at a loss as how to stay my creditors until then. I tried a consumer credit counseling service (through one of my credit unions) and was told my debts were too high and I should contact them when I had a job (if I had a job I wouldn't need them). A. In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The Kentucky statutes permit exemption of a debtor's real and personal property which are used by the debtor and his family as a residence in the aggregate value of $5,000.00. Some of the items of personal property which may be exempt include clothing, household furniture and furnishings and ornaments not to exceed $3,000.00 in value, tools, equipment and livestock not exceeding $3,000.00 in value, and motor vehicle and its necessary accessories not exceeding in aggregate $2,500.00 in value. (KRS 427.010.) In addition, a debtor may be entitled to exemption of awards under a crime victim's reparation law, certain portion of recovery from wrongful death or personal injury actions, pension, retirement benefits, (KRS 427.150), and a general exemption not to exceed $1,000.00 in value to be applied toward any property, real or personal, tangible or intangible, in his estate when he has filed for bankruptcy. (KRS 427.160.) In a bankruptcy proceeding, a debtor, who is a resident of Kentucky, is not permitted to elect the exemptions provided under the federal Bankruptcy Code (K.S.A. 60-2312) even though the federal exemptions may be more beneficial in his situation. (KRS 427.170.)
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