Residency and Exemptions - Quick Questions

[MikeB]

I moved to Florida almost 6 months ago (June 1). Prior to that, I lived in Georgia for 3 years.

When I file Ch. 7 in December, what exemptions will I be able to use? GA? FL? Federal??

Thanks for the help!

[enginegirl]

hmmmm??? well you're a FL resident if you have lived here for more than 6 months.... (see below)... so I would assume use FL and not GA....your laywer should be able to advise the best

Florida Statutes, Chapter 372
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
372.57 Licenses and permits; exemptions; fees


(15) "Resident" means:

(a) Any person who has continually resided in this state for 6 months; or

(b) Any member of the United States Armed Forces who is stationed in this state.

[daylate]

In general, if you haven't live someplace for 2 yrs you have to use the old one...search the forum I'm sure there is a more thorough answer someplace

if GA allows a choice of Fed or state then I think you an choose which one is best

[ccsjoe]

For most practical BK purposes, determining your filing state has to do with what exemptions you will be entitled to use. I found a web site that provided a somewhat easy to understand explanation of how to figure this out and it was posted here:

http://www.bkforum.com/showthread.php?62853-Residency-Restrictions-for-State-Exemptions-vs.-Federal-Exemptions

If you need more help with this, you will find a lot more information in the Exemptions sub-forum of this great place!

[Dee]

I moved to Florida almost 6 months ago (June 1). Prior to that, I lived in Georgia for 3 years.

When I file Ch. 7 in December, what exemptions will I be able to use? GA? FL? Federal??

Thanks for the help!

You will not be able to use Florida exemptions. You must be a resident of Florida for 2 years before you can use Florida exemptions. We just filed last month and have only lived in Florida for just over a year, so we were required to use our previous state's exemptions. Fortunately, that state was Texas. Gotta love those Texas-sized exemptions...

[tcreegan]

Hi Mike,

Normally, if you haven't lived in a state for 2 years, you use the state where you lived for the 6 months before the last two years. In your case that would be GA.

BUT...if I am not mistaken, GA requires you to be resident in GA to use their BK exemptions.

So you can't use Fla exemptions b/c you haven't been there 2 years. You can't use GA exemptions b/c you moved out of state.

You use federal exemptions.

Need to check up on the 'must be GA resident' rule. Anyone?

Tom in Colo

[daylate]

Good catch Tom...I found a link that explains it the way you said-looks like federal exemption for former GA residents who haven't met the 2 year rule

http://www.nationalbankruptcyforum.c...in-bankruptcy/