How Will The Trustee Know

[danaf]

that I lived in another state and therefore am entitled to claim my old state's exemptions? I do not see where on the forms to put this information so that the trustee will know.

[magyar123]

Depends when you moved from one state to another. I think most states consider you a resident after 6 months.

[danaf]

yes, I am now a resident but in order to claim my current state's exemptions, I need to be here 2 yrs. When I file, I will be at 1 yr 1/2 which means I need to claim my old state's exemptions.

maybe I just make a note on this on the exemption schedule? I see absolutely nowhere else to put this information.

[frobscottle]

On the " Statement of Affairs" there is a section that requires you to list residences for the previous 3 years. I would guess if a Trustee wanted proof, they would ask for some documentation like utility bills or bank statements mailed to your prior address.

[CindyLou]

If audited you could be required to provide proof of when you moved (i.e. start date of new job, issue date on new driver license, turn on date of utilities, lease, etc etc.)

It's kinda like the IRS...they WON't know unless your audited.

[danaf]

I'm not worried about being audited because it is the truth. Very easy to prove through bills, tax returns, ect. I just want the trustee to understand why my exemptions will be more than most of the cases he will be seeing.

[FreshLikeADaisy]

Danaf, when I did my forms pro se, the Nolo book said to make a margin note at the top of Schedule C (where you list your exemptions; there's a lot of white space at the top where you can easily do that) to the effect of, "All exemptions listed are according to the General Statutes of the state of ____, unless otherwise noted." The book suggested doing this in addition to the references in Form 7, etc so there would be no confusion. And there wasn't.

Good luck!!!