Confused Again!

[MrSteve777]

I've posted before about moving to a new state and filing in the new state but taking the old state's exemptions. I'm just now finishing all my paperwork at "Bridgeport Bankruptcy" on line and they are telling me I can't do what I've just described. I know I've talked to several people here and they have verified that they indeed had moved and were able to file the paperwork in their new state but use the old state's exemptions because the exemptions were better. Can someone please point me to the info that describes this option? And can those of you, or any legal people, help me with this? I need to complete this as my time is running out at Bridgeport to be able to download my papers that are complete except for this issue. They have told me I have to take the exemptions of where I currently live. Anybody? Help?

Kind regards,

Steve

[HHM]

When a person moves to a new state and files bankruptcy, there are two issues.
1. Venue
2. Which state's exemptions apply

Venue merely asks which state you will "file" your bankruptcy. The answer is easy, which ever state you have lived in the longer of 180 days. More simply, in which state of the two states have you lived 91 days. So if you move to a new state, you cannot "file" bankruptcy in that state until you have resided their for at least 91 days.


For exemptions, you look at BK code 522(b)(3)(A). You use the state's exemption where you most recently lived a total of 730 days. That rules out your current state if you just moved. So long as you lived in your prior state at least 730 days, that is the exemption scheme you use.

if the debtor has not lived anywhere for 730 contiguous days prior to filing…

1, Count back 730 days from your anticipated filing date, the 731st day (counting backwards is Date Z)

2. What state was the debtor in? (state X)

3. Did the debtor live in state X for 180 contiguous days up to Date Z? If yes, stop, that is your exemption state.

4. If no, then you go to the “longer portion” section and find the last state, prior to date Z, where the debtor lived for at least 91 days continuously., whatever state the debtor was in at that time, that is your exemption state.

My guess is, bridgeport is unable to create your petition in your circumstances since doing so doesn't fit into their system of preparing petitions. Also, by selecting which state's exemption or advising you on it, is practicing law, which they cannot do. Thus, they default to your current state residence.

This is what you get when you try to do bankruptcy on the cheap.

[MrSteve777]

Point Taken! But...

I'm stuck at Bridgeport and will need to complete the forms there. Are you saying I have to go to Cal. to file and be able to use their exemptions? I don't have the money. If you are saying I can file the paperwork here in FL and still use Cal's exemptions, how do I do that on the forms? I just want to get my forms from Bridgeport and then correct the portions in the forms that will get me the ability to file the paperwork here in FL and take the exemptions, I'm better off with, in Cal. Am I on the right track?

Ok... I just re-read the previous post and understand I can indeed file in FL but take Cals exemptions. If I print out my forms from Bridgeport, will I be able to find an area where I am supposed to indicate to the court that I am taking Cal's exemptions? Or is there a special form for this? I have already input, on the Bridgport site, the Cal exemption codes for the assets I'm listing... does that cover it?

Kind regards,

Steve

[HHM]

If you have lived in FL for 91 days, then you file in FL (if you haven't lived in FL 91 days, then wait to file until you have). If you lived in CA for at least 730 days before moving to FL, then you use CA exemptions. This is a no brainer. Try moving up the chain of command at bridgeport. Or, get what they give you and make changes.

[jennilynn]

The issue is whether you can use Cali's exemptions. When the laws changed, they created the issue where you can't use the new states exemptions BUT if the old state is part of the "opt out" you can't use theirs either; you have to use Federal. ALSO, be very careful, Cali has two sets of exemptions, you can't use one of them if you don't live there; but you can use the other and they are pretty different ... do some searching on the exemptions for California and bankruptcy.

[MrSteve777]

Exemptions

That didn't clear up anything! Florida does not allow us to use the fed and neither does Cal. How about that? I'll check into it but I'm fairly confident that I can file Fl and use Cal's exemptions. Anybody else want to try to clear the water? It's muddy

Steve