Never got a good answer -

[jeb]

If BK is a FEDERAL proceeding and has FEDERAL guidelines and exemptions, how can each state set it's own?

I can understand some small differences due to cost of living but when FL has NO WILD CARD and CA has a $20,000.00 and many have a $6,500.00 or more, that seems just totally out of whack.

Is there any way to fight this?

Also, if you are way below median but have very low expenses, which do they use to put you into BK 7 or 13?

Tks for all the help everyone here offers - it is great. - jb

[HHM]

Because the BK code (and the Constitution) allows the States to Opt out of the Federal Exemptions, and no, there is no way to fight it.

Keep in mind, the state's exemptions are not just for bankruptcy purposes, it is for all consumer collection activity.

[jeb]

Tks H -

Hum - wonder about a discrimination suite? (Assuming some group would do it for free, of course. It would take a group of some kind as every state would fight it tooth and nail.) - jb

[kenshirley]

And that's why they wanted to know where you lived before you filed and how long.
They want to make sure you are not filing in a state that benefits you by moving.

[fltoo]

Keep in mind that Florida HAD the best exemption for homeowners in different economic times. This was addressed a couple of years ago and made more equitable when FL allowed a 4000. wildcard for those without the homestead exemption.

Just doesn't seem so good now because we have never seen an economy where so many people have no or little home equity.

There are many states that have far worse exemptions than us.

[HHM]

Tks H -

Hum - wonder about a discrimination suite? (Assuming some group would do it for free, of course. It would take a group of some kind as every state would fight it tooth and nail.) - jb

Discrimination on what grounds.

The whole point of federalism and state's rights is to allow states to pass laws for the benefit of their citizens. I am not sure what real grounds there are for any type of discrimination

[junker]

my roomate is considering filing bk, but we lived in florida a year ago and now we reside back in california, so it would be better to wait the 2 years rule to file with california exemptions than, file now and have to use florida exemptions.even though we have been in california for a year, as i understand you have to use the states exemptions for up to 2 years after you move from that state?