Residency Requirement and Means Test

[olivies]

If we moved from CT to FL and 18 months later file bankruptcy, we don't meet the residency requirement of 2yrs for FL exemptions. But do we still use the median income guidelines for FL even though it's been less than 2 years, or do we use the income guidelines for CT along with the CT exemption guidelines?

[mtbc]

My understanding is that you use the income guidelines of the venue -- that is, where you've lived for the majority of the past 180 days.

[BKDefender]

You would use the income guidelines for the jurisdiction within which you file and CT exemptions.
11 USC 522(b)(3) covers what exemptions you use. You've lived in FL less than 730 days (~2yrs), you would use the exemptions from the state within which you lived the majority of the 180 day (~6 month) period immediately preceding the 730 day period. I know that sounds confusing (it is until you dissect it). The code says 730 days not 2 yrs. Does Florida's exemption statute actually say 2yrs.

It means that if you lived in CT from 2yrs-2yrs 6months ago then you would use CT exemptions.

--William