Filing in NC, but haven't lived here more than 2 years...

[downwardspiral]

I've heard two different things, from two different attorneys.

One said I had to go by Florida law (where I lived before). So all of Florida's bankruptcy laws and exemptions would apply.

The second attorney said since I don't live in Florida I couldn't go by Florida law, and since I haven't lived in North Carolina for over two years I can't go by NC law either. I would have to file under Federal law, which they said was better...exemption wise.

The first attorney said we were $5k over the median salary in Florida. But today's attorney said we were $17k over the median "federal" salary.

So I'm confused. Does anyone have any insight?

I have a meeting with a third lawyer next week. I just hope he doesn't have third option.

[Mystik101]

Exemptions

The second attorney is correct. We moved to Texas, after being in NC one year and FL for several years before that. We filed using federal exemptions. Florida states that when you give up your residency, you give up your rights to use their exemptions. It worked out fine for us. Google in "RE: Schultz", that is a case we found that explained everything. It was upheld in court. Good luck to you!

[FreshLikeADaisy]

Yep, Mystik's right! You use federal exemptions... and thank God for it, because Florida state exemptions, with the exception of homestead, are *lousy*. Federal exemptions, though not the most generous, are much more generous than Florida's.

BTW, Florida is not the only state to limit their exemptions to CURRENT residents; there are two or three others. Diviaruba posted something on this a couple of months ago with the various case references (in re Schultz was the one for Florida); if you're interested you could do a forum search and find her post. Good luck to you!!!