You are here because there is no state in which debtor was domiciled for at least 730 days prior to the anticipated date of filing. Is there any state in which debtor was domiciled for 180 days immediately preceding the 730-day period prior to the anticipated date of filing or for a longer portion of such 180-day period than in any other state?
If there is such a state then choose it in the Exemptions Database by clicking here: .
If there is no such state, debtor must use the federal exemptions in 11 USC § 522(d).
<aside> 📖 There are two separate bases for this conclusion:
</aside>
1. The only way a debtor can be denied use of the federal exemptions is if the applicable state has opted out. 11 USC § 522(b)(2). If there is no applicable state, there can be no opt-out and debtor therefore retains use of the federal exemptions. In re Arispe, 289 B.R. 245 (Bankr.S.D.Fla.2002); In re Goldsmith, 2003 WL 295690 (Bankr.S.D.Fla. 2003).
2. The "savings clause" in 11 USC § 522(b), hanging paragraph, (added by BAPCPA) states: “If the effect of the domiciliary requirement under subparagraph (A) is to render the debtor ineligible for any exemption, the debtor may elect to exempt property that is specified under subsection (d) [the federal exemptions].”
Also remember: Debtors who use the federal exemptions cannot claim the federal non-bankruptcy exemptions or the protections for jointly-held property in 11 USC § 522(b)(3)(B). 11 USC § 522(b)(2).
Return to Exemptions Express old