Exemptions--WHICH state?

[doni49]

I lived in PA from 7/96 until 3/10. Then I moved to MONTH in 3/10.

I'll be filing in MO that much I know. But I'm a little confused as to which exemptions to use.

I'm looking at Nolo's Ch7 book right now and it says that I would use PA's exemptions. PA allows the option of using the Federal exemptions. Does that mean that I can use the federal option?

MONTH exemptions don't allow the federal option.

TIA!

[doni49]

Typo!

Then I moved to MONTH in 3/10.

That should have been MO (Missouri). I posted that using my blackberry and it automatically changes MO[space] to MONTH.

[SMinGA]

Use PA exemptions.

If you have not lived in your current state for the past 2 years - then you use the state where you spent the majority of the time from 2 to 2 1/2 years before filing. You spent all that time in PA.

[doni49]

Thanks but I guess I mistated the question. I already knew that I needed to use the PA exemptions. But the PA rules allow the use of the Federal exemptions. I was wondering if I'd be able to use them since I have to use PA rules or will the fact that I'm FILING in MO and MO doesn't allow federal exemptions mean that I can NOT use Federal.

I'm hoping that I CAN use Federal since the majority of my stuff would be covered by applying the 10k from the homestead as wildcard (since I don't own real estate).

[empowered]

I don't know for sure whether you should be able to use the Federal exemptions though it seems like you should be able to. So on that point, I have nothing to say.

However, I'm in the position of using the exemptions of the state in which I no longer reside. In that state, no Federal exemptions were available. It was CA; however, they have a system that includes a Homestead exemption that seems to be used similarly. Perhaps you've reviewed the state system and there is no comparable exemption to use, but I just wanted to make sure. I also learned that it can become even more complicated, for example, if you resided in no single state for the specified six-month period that is the subject of the test to determine residency for purpose of the exemptions.

After someone on this list reminded me to check to ensure whether CA allowed non-residents to use its exemptions, I found a good link that explained how to apply the residency requirement. Here it is in case you haven't already come across it:

http://exemptionsexpress.com/How.html

This link seems to apply that you should have access to the federal exemptions, but I'm a newbie and much less knowledgeable than many on this list.

http://exemptionsexpress.com/Montana_to_Wyoming.html

This link is found on the first link above, which can be found by following the exemptions link on the legalconsumer.com page at:

http://www.legalconsumer.com/bankruptcy/laws/

Hope you get the definitive answer you want. You might need to do a free consult with a bankruptcy attorney on the phone to get your answer, even if you end up not retaining them.

[empowered]

I went back to the exemptions page and reread the Help, this time from the PA exemptions page, this link:

http://www.legalconsumer.com/bankruptcy/bankruptcy-law.php?&ST=PA#Help

[daylate]

I'd check with an attorney on this. My thought is your are ok with the fed exemption because your are filing under the PA exemption which allows you the choice...I was planning on utilizing the option of moving to a new state, waiting 91 days, filing there and using the Fed option because the new state allows the choice-unfortunately, the courts have ruled in that state you can't do it! You have to follow the exemption rule of your old state which in my case doesn't allow you the choice...