Montana has opted out of the federal exemptions for all
debtors, regardless of residency. “An individual may not
exempt from the property of the estate in any bankruptcy
proceeding the property specified in 11 U.S.C. 522(d).” Mont.
Code Ann. § 31-2-106.
Because Montana permits only its residents to use its state
exemptions, debtors who are not Montana residents on the
date of filing will use the federal exemptions under the saving
provision in 11 USC § 522(b), which states, “If the effect of the
domiciliary requirement under subparagraph (A) is to render
the debtor ineligible for any exemption, the debtor may elect to
exempt property that is specified under subsection (d).”
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