[CLBS] Utah venue, but residing in Idaho; can you use Federal Exemptions for Chapter 7?

[Paul Ross]

Not clear on what you mean Utah venue, but residing in Idaho.  Are you
filing the case in Utah then, or are you going to file in Idaho under 1408
for a different reason?

A Utahn is required to use Utah exemptions, no federal is permitted.  But
Utah code only allows Utah exemptions to be used for 180 days after you
move out of state.  78B-5-513.

Be aware that Utah code has been redone, there is no Title 78 anymore but
78A and 78B.

If your debtor qualifies for Idaho venue and has been here over 180 days, I
believe you are required to use Federal.  You do not have Utah or Idaho
exemptions available.

Paul

On Fri, Jan 12, 2018 at 11:13 AM, Tyler McGee <tyler at twinfallsattorneys.com>
wrote:

> Jon,
>
> I assume that what your asking is whether a debtor who is a nonresident of
> Utah may use the federal exemptions as opposed to the Utah state
> exemptions. If that is what you're asking I believe that the analysis is
> that...
>
> - Utah's exemptions are not limited to Utah residents
> - Utah's homestead exemption would not apply to any property that is
> outside of Utah (Utah Code 78-23-3(2)(a)
> - Utah's opt out is not limited to residents of Utah, which would mean
> that an Idaho resident is not given the option of opting into the federal
> exemptions under Utah Code 78-23-15
> - Despite the fact that Utah's opt out includes non-residents, your Idaho
> debtor should be able to use the federal exemptions under the savings
> clause because the Utah state homestead exemption is not available for use
> (look at the savings clause in 11 USC 522(b))
>
> I might be off base, if I am I have no doubt that the great attorneys on
> the listserve will correct me.
>
> Tyler J. McGee
> ROY, NIELSON, BARINI-GARCIA, PLATTS & McGEE
> P.O. Box 487
> Twin Falls, Idaho 83303-0487
> Phone: (208) 734-4450
> Fax:  (208) 734-4452
>
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jon Wilson
> Sent: Friday, January 12, 2018 10:48 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] Utah venue, but residing in Idaho; can you use Federal
> Exemptions for Chapter 7?
>
> Dear List mates,
>
>
>
> Thank you for all of your wonderful assistance on my recent inquiry.
>
>
>
> New question,  It appears if one has a Utah exemption requirement for
> filing a Chapter 7, that that debtor can instead claim Federal Bankruptcy
> Exemptions.
>
>
>
> Have you found this to be correct?
>
>
>
> Thanks.
>
>
>
> Jon R. Wilson
>
> Attorney at Law
>
>
>
> Wilson Law Offices, P.C.
>
> 4614 W. Emerald St.
>
> Boise, ID 83706
>
> Tel. (208)343-8400
>
> Fax (208)424-5006
>
> Email:  jon at boiselaw.org <mailto:jon at boiselaw.org>
>
>
>
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