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Thing I learned today

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    Thing I learned today

    And this is a big one. Thanks to StrawberrySu's post of yesterday where she mentioned that an attorney told her that once you move out of Ohio you can no longer use Ohio's exemptions! After some research, it seems like that attorney was correct.

    Now I have been reading the Ohio code and never realized that when it said:

    "Every person who is domiciled in this state may hold property exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order, as follows:

    that it meant that you had to live there to use. i have talked to many attorneys in both Ohio and in the state where I am filing and NONE mentioned that using OH exemptions might not work. All were saying well you have to live here when I talked to new state attorneys (or there when I talked to Ohio attorneys) 91 days to file but you have to go back to your old state for the exemptions (the whole 730,180 day rule).

    Now it looks like I have to use federal exemptions. Which in my case I believe is a good thing because the fed wildcard for unused homestead is roughly 10k plus a 1k or so regular wildcard while Oh's wild card is 1100 period.

    Many other states have this situation. Check out this link to see if it could apply to your situation-http://exemptionsexpress.com/Montana_to_Wyoming.html -if you live in a state alphabetically before Montana there is a tab to click to find your state.

    as always this is not legal advice, just what I believe I have learned and what may benefit others who are unaware of this situation.

    #2
    This forum is a blessing in a thousand ways. Thanks again to all the helpful members here.

    Keep On Smilin'

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      #3
      Originally posted by keepsmiling View Post
      This forum is a blessing in a thousand ways. Thanks again to all the helpful members here.
      MEEE TOOOO. I wouldn't be as sane (don't know if thats saying much) as i am. Everyone has been soo great.
      Here's to everyone HERE!!!
      filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
      "Nothing is easy to the unwilling" Thomas Fuller

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        #4
        Good job daylate!

        You can ignore my post in your other thread....

        ....your post here is way better !!

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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          #5
          I had the same problem, I moved from one stated to another. Overall I had to use the federal exemptions in my filing. Both states had a conflicting rules, so we decided to just use the federal exemptions.

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