Using Another State's Exemptions

[ieatbugs]

Hi everyone, this is my first post. I've found all the info here really helpful, so thanks to everyone who's been so kind as to lend a helping hand to us laymen.

Anyway, I'm filing C. 7 pro se in Ohio, but I recently moved to Ohio from California in Sept. 2008. Before that I was in Cali since Jan 2006 (2 yrs 8 mo.) According to the Nolo book, I have to use the California exemption rules since I have not been in Ohio for 2 years or more. That's great since California's exemption rules are a million times better for me than Ohio's.

So, I just wanted to check that this sounds right to you guys and I wasn't interpreting things wrong.

The other question I have is where do I note that I'm using California's exemption rules on my docs? I've referenced California laws on Schedule C, but is there anywhere else I have to note that I'm using California's exemption rules?

And finally, I assume I must show proof that I was in California...when do I do that? With my petition? At the 341? Or something else altogether? And what qualifies as proof of residency? I don't still have any utility bills from that time.

Thanks in advance for any help!!

[JoeBankrupt33]

This is my understanding as well. The only thing I would try to research is if California permits non-residents to use their exemptions. Some states don't. For instance, Colorado doesn't permit non-residents to use CO exemptions. In this case, you could be disqualified from using either state and you would be permitted to use the federal exemptions.

As for the docs, the only place I know of is to list this on Schedule C.

For the proof, I don't think there is any place to put this in the petition. I suspect that the trustee would request this and you would need to bring it to the 341. Do you have state income tax returns for CA and OH? If you filed taxes in the year you moved, you should have a partial year return for CA and OH. This could help show residency (I think it would count anyway).

[Trixie007]

I moved from California to Washington, and we have to use the Federal exemptions, as I was told that California doesn't allow the use of their exemptions for non-residents.