federal exemtions

[bigtim6656]

Ok I am from indiana, which does not allow for the fed exemptions. Here is the thing, I have moved to florida, left indiana dec 12, fixing to change over my license and such. Honestly not sure I am going to stay here, probably going back to indiana in march or April. I know there is a thing where if you have only lived in a state for so long you can use the fed exemtions. What would be the chances when I file chapter 7 in april the judge in indiana would let it fly, since till dec I was living in indiana. Or would it be better for me to wait the 90 days and file in fl with the fed exemtions, but that would have me moving mid way through my bk

[daylate]

If you want to use the Fed exemptions I think you need to stay in Florida until you file. Because IN limits its exemptions to domicilaries you can't use them living in FL and because you haven't lived in FL 2 yrs you can't use FL exemptions (lucky for you) so the only thing left is Fed. Now if you file and move back the next day, you would have to fly back in 30 days or so for your 341-when asked has anything changed? you'd have to say you moved back to IN, rent changed, etc. Doesn't sound like a good idea to me. Moving after your 341 could be a problem if you are found out somehow and it was pre-planned-(job lined up, apt rented,etc.) If it were me, I'd gut out the extra 90 days or so in FL, get my discharge and move then.

To be sure, I'd run this by some IN and FL bk attorneys. Just make sure you find at least one who understands this situation. I only discovered that I could use federal exemptions after a move through this forum-after asking about 10 attorneys in my old and new states. Most were clueless about this situation. All said I had to use old state. be careful.

[bigtim6656]

Ok, but since I moved to florida changed my resdency and move back wouldnt the same laws apply. As in I had not lived in indiana for the last 2 years, but more then 30 days, thus i can use the fed exemtions?

[daylate]

That quick turnaround could be viewed as trying to pull a fast one. To me it doesn't pass the smell test, but that is just one person's opinion.

[AngelinaCatHub]

IF you lived in FL for two years, (did I understand this?) then you are a FL resident. DID YOU change your tag, DL? If not, you are a snow bird. DID you buy a place and get a homestead exemption>? You can make a domicile affidavit. But be prepared to back it. Going back "home" to IN may not be well. In FL you cannot use the Federal exemptions and only FL. You needs to get real advice from a good IN bk lawyer. As above you do not want to play games here. 'Hub


EDIT: Neither state does Fed exempt. You are toast. Pick your state.

[daylate]

Hub, I think if OP stays in FL he can use federal exemptions because he falls in that neverland of not being able to use Indiana exemptions cause he no longer is an Indiana resident, but can't use FL because he hasn't lived there the requisite 730 days. (He left Indiana in Dec 12, 2011, as I read his op).

Definitely needs an attorney or two's opinion