Which state will be used?

[overthedebt2]

I've been living in CA for 1.5 years. I see that the state you use is the one you've lived in the last 2 years, however. Does that mean I have to wait another 6 months to file?? My previous state is horrible with exemptions.

Thanks in advance.

[HHM]

Yes, if you want to use CA exemptions, you would need to wait.

[debee]

If the state you left has a domiciliary requirement you wouldn't be able to use it's terrible exemptions anyway, but would go with the federal.

If the federal exemptions work for you, you can check your old state's residency requirements here.

[HHM]

Good point debee

Most states actually limit their exemption use to residents and have some definition (i.e. reside for 180 days, etc). If you find yourself in exemption la-la land, you use federal exemptions. So even the BK code has this ridiculous requirement about 720 days, as with most things with the 2005 BK amendment, the creditor attorneys that drafted it did not know the reality of the situation.

[overthedebt2]

Thanks for the responses. When I consulted with my attorney, he seemed to think it was fine to file in CA. While I've only been employed and had an actual "lease" on a house since early 2010, I was couch surfing at my friends' houses and job hunting here since late 2008. Does this seem right? I trust his opinion but I'd think the trustee would want something more official to prove residency.

That being said, he also said that even with MD's lower exemptions I should be fine at my debt/expense/income level. Confused by all this..

[debee]

Thanks for the responses. When I consulted with my attorney, he seemed to think it was fine to file in CA. While I've only been employed and had an actual "lease" on a house since early 2010, I was couch surfing at my friends' houses and job hunting here since late 2008. Does this seem right? I trust his opinion but I'd think the trustee would want something more official to prove residency.

That being said, he also said that even with MD's lower exemptions I should be fine at my debt/expense/income level. Confused by all this..

You can file in a state if you've lived there for more than 90 days, so you can definitely file in CA.

My understanding is that you will have to establish residency (for 2 years) with proof such as utility bills, a lease, CA driver's license, registration, voter registration, etc. in order to use CA exemptions. If the trustee asks for proof and you don't have it: problem.

Perhaps the safest thing to do is be sure you can exempt your assets whether you use CA exemptions, MD exemptions, or the Federal. If you can and you're sure of that, it won't matter if your attorney is wrong.

There have been cases (on this forum too) of people who have filed with lawyer's guidance and ended up using the wrong exemptions and losing assets.

You can read up about the exemptions here.