Nevada has opted out of the federal exemptions for residents.
“Any exemptions specified in subsection (d) of section 522 of
the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply
to property owned by a resident of this State unless conferred
also by subsection 1, as limited by subsection 2.” Nev. Rev.
Stat. § 21.090 1.
Therefore, debtors who are not residents of Nevada are
eligible for the federal exemptions because the opt-out does
not apply to them. In re Chandler, 2007 WL 643319 (Bankr.N.
D.W.Va.2007) (because Georgia had not opted out for
nonresidents, debtor was eligible for federal exemptions); In re
Battle, 2006 WL 3702734 (Bankr.W.D.Tex.2006) (Florida’s opt-
out, which was limited to residents, did not bar debtor from
claiming federal exemptions); In re Underwood, 342 B.R. 358
(Bankr.N.D.Fla.2006) (because debtor was not a resident of
Colorado on date of filing and Colorado’s opt-out was limited to
residents, debtor was eligible for federal exemptions); In re
Schulz, 101 B.R. 301 (Bankr.N.D.Fla.1989) (because debtor
was not resident of Florida on date of filing and Florida’s opt-
out was limited to residents, debtor was entitled to federal
exemptions); In re Volk, 26 B.R. 457 (Bankr.D.S.D.1983)
(debtors were eligible for federal exemptions because South
Dakota’s opt-out was limited to residents); In re Walley, 9 B.R.
55 (Bankr.S.D.Ala.1981) (because Alabama’s opt-out was
limited to residents and debtor was not a resident of Alabama
on date of filing, debtor could use the federal exemptions).