Filing using different state from where I live... help!

[famof6]

Hi, I have lived in NM for the last year, exactly. However, before that I lived in North Carolina a year in a half. Most of my life I have lived in NM but since I have not been back 2 years I have to file NC right? That is what I think I am reading in the Nolo Book.

However, this question was not exactly answered (at least that I could find): Can I use the Federal Bankruptcy exemptions since I live in NM and the book says NM filers have that option? Or do I have to use NC since NC filers do NOT have the option of using the Federal exemptions? So confused... THANKS!

[lrprn]

Hi, I have lived in NM for the last year, exactly. However, before that I lived in North Carolina a year in a half. Most of my life I have lived in NM but since I have not been back 2 years I have to file NC right? That is what I think I am reading in the Nolo Book.

However, this question was not exactly answered (at least that I could find): Can I use the Federal Bankruptcy exemptions since I live in NM and the book says NM filers have that option? Or do I have to use NC since NC filers do NOT have the option of using the Federal exemptions? So confused... THANKS!

[JRScott]

As LRPRN says, where did you live 2 years ago and the 180 days prior to that 2 years?

That's the place you should use for exemptions

You still file in NM where you live regardless of which state's exemptions you use.

[famof6]

Thanks! Ok, so the answer would be that I use NC exemptions since that is where we lived before. However, NC does not allow filers to use the Federal exemptions. Since I LIVE in New Mexico and am filing IN NM, can I use the Federal exemptions since NM allows that alternative? Or do I have to follow the NC?

Thanks a heap! Couldn't find more info in the NOLO book I have on that.

[JRScott]

You'd have to use NC