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Ellen
Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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Under the new bankruptcy laws, there are new domicile requirements

Resolved Question:

Under the new bankruptcy laws, there are new domicile requirements for using state exemptions. I now live in Maryland, but have only lived here for 1 year 9 months. I lived in Massachusetts before that for 1 year. Can I file using the Maryland exemption rules or do I have to wait until I have lived here for 2 years to do that?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


You will need to wait 3 more months to use the Maryland exemptions.


A debtor must reside in a state for a period of 730 days ) prior to filing bankruptcy using that state’s exemption laws. If the debtor’s domicile has been located in more than a single state during the 730 day time period, the state governing exemptions will be the state in which the debtor’s domicile was located for 180 days immediately preceding the 730 day period “or for a longer portion of such 180 day period than in any other place.” The purpose is to preclude a debtor from moving to another to take advantage of a state’s more favorable exemption rules.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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