[CLBS] Can one claim homestead in Idaho using California homestead exemptions?

[Christopher Hopper]

Also if he is thus without a choice and mandated to take the federal exemptions, would the federal nonbankruptcy exemptions also be available to him, such as 15 USC § 1673 on 75% of earned but unpaid wages?  Thanks folks.  

----- Original Message -----
From: "Christopher Hopper" <hopperlaw at cableone.net>
To: "Bankruptcy list" <clbs at admws.idaho.gov>
Sent: Friday, October 14, 2016 11:52:53 AM
Subject: Re: [CLBS] Can one claim homestead in Idaho using California homestead exemptions?

I have a new ch. 7 client who, although presently an Idaho resident, under the 730+180 days domicile exemptions test, appears to need to use Montana's exemptions.  However, given authority (such as http://exemptionsexpress.com/Montana_to_Wyoming.html ), it appears that, because he presently resides in Idaho and not Montana, he cannot use the Montana exemptions, in which case he must use the federal exemptions.  Does that sound correct?  Thanks.  Chris

----- Original Message -----
From: "Paul Ross" <paul at idbankruptcylaw.com>
To: "Jon Wilson" <jon at boiselaw.org>
Cc: "Bankruptcy list" <clbs at admws.idaho.gov>
Sent: Friday, October 14, 2016 11:20:03 AM
Subject: Re: [CLBS] Can one claim homestead in Idaho using California homestead exemptions?

California does not have a residency requirement to claim their homestead.

http://exemptionsexpress.com/Alabama_to_Missouri.html

On Fri, Oct 14, 2016 at 11:15 AM, Jon Wilson <jon at boiselaw.org> wrote:

> Dear Listmates:
>
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>
>
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> Before I delve into this question, I thought I would ask for this esteemed
> group's knowledge.  Thank you.
>
>
>
> Can a debtor claim homestead in Idaho using California homestead
> exemptions?
>
>
>
>
> Jon R. Wilson
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> Attorney at Law
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