QUESTION

Is any amount of money in a checking account excempt in a chapter 7 bankruptcy

Asked on Mar 12th, 2013 on Bankruptcy - Virginia
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Bankruptcy Attorney serving Fairfax, VA at Law Office of Nancy O. Ryan
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Virginia provides a $5000 homestead exemption that can be applied to any property you choose.  There is not a specific exemption for bank accounts, but you can use your homestead exemption to protect up to $5000 in your checking account.  If it's a joint account, you can protect up to $10,000, plus you get to claim an additional $500 per dependent.
Answered on Mar 18th, 2013 at 3:11 PM

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Bankruptcy Attorney serving Burbank, CA
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Whether you can exempt money in a checking account, or any other asset for that matter, depends on the laws of whichever state's exemptions apply in your case. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  Assuming Virginia's exemptions apply in your case, it looks like you can exempt up to $5,500 if you are single and you did not use the homestead exemption. I am not, however, an expert on Virginia's exemption laws by any means, so you should consult with a bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 
Answered on Mar 13th, 2013 at 1:42 AM

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