Legal Opinion
In Re Long
United States Bankruptcy Court, D. Kansas
Decided May 7, 2012No. 11-10418PublishedCited by 7 opinions
1Opinion of the Court
ORDER OVERRULING TRUSTEE’S OBJECTION TO EXEMPTION
ROBERT E. NUGENT, Chief Judge.
In general, the Bankruptcy Code allows debtors to choose between the exemption scheme their domicile state law allows or to choose the “federal” exemptions established in § 522(d). 1 But, the Code also allows states to opt out by denying their debtors the right to claim the federal exemptions. 2 The Code further circumscribes the debtors’ choice of exemptions by requiring that they have lived in the state whose exemptions they claim for the 730 days preceding the petition date. If a debtor hasn’t lived in her…
2Cases cited7 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Stephens v. Holbrook (In Re Stephens)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
- Camp v. IngallsCourt of Appeals for the Fifth Circuit · 2011
- In Re GarrettUnited States Bankruptcy Court, S.D. Texas · 2010
- In Re CampUnited States Bankruptcy Court, W.D. Texas · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Martin Sheehan v. Keith AshCourt of Appeals for the Fourth Circuit · 2018
- In re WithingtonUnited States Bankruptcy Court, D. Colorado · 2018
- Sheehan v. AshDistrict Court, N.D. West Virginia · 2017
- In re Earned Income Tax Credit Exemption Constitutional Challenge CasesUnited States Bankruptcy Court, D. Kansas · 2012
- Candace GoldsteinUnited States Bankruptcy Court, D. Maine · 2021
2 more not listed; retrieve them via the Exa API.