[CLBS] Which exemptions to use when H was in different state than W in last 3 years prior to marriage and moving to Idaho

[Randal French]

Very interesting.  If you filed a separate bankruptcy for each, then you would apply the exemption law at the jurisdiction which was the residence of each as required by 522(b)(3).  522(b)(1) requires both joint debtors to use the exemptions under 522(b)(2), federal exemptions, or both must use exemptions under 522(b)(3), applicable federal exemptions other than 522(d) and applicable state exemptions.  There is nothing that I can think of, without thinking too hard, that requires the use of the same state's exemptions under 522(b)(3), and arguably each party is required to use the exemptions applicable to it, which would appear to be Cal for wife and Minnesota for H.

Thanks.
Randy French

Law Office of Randal J. French, P.C.
Attorneys at Law
P.O. Box 836 
Boise, ID 83701 
(208) 859-6881

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Holly Roark
Sent: Wednesday, April 25, 2018 8:31 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Which exemptions to use when H was in different state than W in last 3 years prior to marriage and moving to Idaho

H was in Minn up until a year ago. W was in CA up until 6 months ago when she moved to Idaho to marry H. Which bankruptcy exemptions apply? CA or Minn? Minn allows federal, so that’s a possibility too. 

Best regards, 

Holly Roark
Attorney at Law

Roark Law Offices
Phone: (310) 553-2600
Fax:  (310) 553-2601
Cell phone:  (818) 648-3238
E-mail:  holly at roarklawoffices.com 

*Cycle Sport Lawyer: www.cyclesportlawyer.com

*Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization www.bankruptcyattorneyinlosangeles.net

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