Exemptions vs. Standards and the Residency Rule

[newbie2]

we have lived in California for less than 2 years and having bought a house here 1 year ago, do the exemptions used pertain to the state where the person lived 2 years before filing? My attorney wasn't 100 percent sure. Many of them didn't even raise this issue til one guy I spoke to who told me about this. Do you use the states bk codes of where the person lived 2 yrs ago for the property in the state where the person now owns a house and lives? Is these a good link to this information on the internet or some place to call to find out for sure. Its interesting that each attorney has a different answer or wants to be paid for their time to research this topic. I would think or hope there is some way to be sure. Let me know if you have found out anything as well. Thanks.

Google "bankruptcy + residency" and you'll be taken to the specific sections that pertain to this.

[Babybear]

we have lived in California for less than 2 years and having bought a house here 1 year ago, do the exemptions used pertain to the state where the person lived 2 years before filing? My attorney wasn't 100 percent sure. Many of them didn't even raise this issue til one guy I spoke to who told me about this. Do you use the states bk codes of where the person lived 2 yrs ago for the property in the state where the person now owns a house and lives? Is these a good link to this information on the internet or some place to call to find out for sure. Its interesting that each attorney has a different answer or wants to be paid for their time to research this topic. I would think or hope there is some way to be sure. Let me know if you have found out anything as well. Thanks.

[brighteyes]

Exemptions express says I have to use federal exemptions. They actually have a question on there "If I moved from Arizona..."

[HHM]

Strictly based on BK code, you would use use AZ exemptions, but file in CA. Reason being, you haven't lived in CA for at least 2 years.

However, some states only allow their exemption to be used only if you are residence (or meet some residency requirement). If AZ allows you to choose between state and fed, you would use fed. I forget what happens if the state does not allow a choice, but I believe you would still use fed.

[brighteyes]

I think I've gotten myself all confused, good thing I'm not doing this pro se.

lived in Cali 8/2000 - 7/2004
lived in Arizona 7/2004 - 11/2009
lived in Cali 11/2009 - present, but planning on moving out of state (possibly back to AZ), before the end of the year, but after filing BK.

For exemptions I'm confused, I haven't lived in cali for the last 730, but I have lived here for over 180 days. I looked at Arizona Exemption law and it says that if I hadn't lived there for the past 180 days then I couldn't take the exemptions. Do I take federal exemptions then?

For Standards (taking the means test), I use where I'm actually living when I file the petition, not where I think we might be after we file?