The Guide to Exemption Options For Bankruptcy Attorneys
PURPOSE OF THIS WEBSITE
The purpose of this website is to assist the attorney for a debtor
who is considering filing a bankruptcy petition to determine:
1. The sets of exemptions (federal, state, or either) that are
available to that debtor;
2. The territorial limitations, if any, there are on use of those
3. The statutory and case law supporting those determinations.
The following is a very abbreviated statement of how to use this
site. The full statement of this process will be found by clicking on
the "How" link.
1. Is there a state in which the debtor will have been domiciled
continuously for 730 days prior to the anticipated date of filing?
Yes: go to 4. No: go to 2.
2. Is there a state in which the debtor will have been domiciled
(not necessarily continuously) for more days than in any other
state during 180 days prior to the 730 days mentioned in 1? Yes:
go to 4. No: go to 3.
3. The debtor must use the federal exemptions.
4. Click on either the "Alabama to Missouri" or the "Montana to
Wyoming" link. In column 1 of the chart that is revealed find the
state determined in 2 or 3 above. Read what is stated in columns
2-4 of the chart for that state to determine what exemptions
(federal, state, or either) the debtor can use. You will need to
know whether debtor will be a resident of that state on the date of
Please send comments and suggestions to
email@example.com. -- John Bates