http://sanantoniobankruptcyattorneylawyerinformation.com/faq/2009/05/09/which-states-exemption-law-applies-to-my-bankruptcy/ by Alex Wathen, Board Certified Consumer Bankruptcy Law - Texas Board of Legal Specialization Sun, 24 May 2009 11:39:55 +0000 hourly 1 http://wordpress.org/?v=3.0 http://sanantoniobankruptcyattorneylawyerinformation.com/faq/2009/05/09/which-states-exemption-law-applies-to-my-bankruptcy/comment-page-1/#comment-4 admin Sun, 10 May 2009 16:33:39 +0000 http://sanantoniobankruptcyattorneylawyerinformation.com/faq/2009/05/09/which-states-exemption-law-applies-to-my-bankruptcy/#comment-4 I agree with Jonathan's remarks. I get a number of clients who tell me that other bankruptcy attorneys have told them they could not file or would not take the case. I do not see why. I look up the law on Lexis and give the clients my opinion as to whether they can use the Bankruptcy Code exemptions or if they are stuck with their old state of domicile. Apparently this is too much work for some of our colleagues! I agree with Jonathan’s remarks. I get a number of clients who tell me that other bankruptcy attorneys have told them they could not file or would not take the case. I do not see why. I look up the law on Lexis and give the clients my opinion as to whether they can use the Bankruptcy Code exemptions or if they are stuck with their old state of domicile. Apparently this is too much work for some of our colleagues!

]]> http://sanantoniobankruptcyattorneylawyerinformation.com/faq/2009/05/09/which-states-exemption-law-applies-to-my-bankruptcy/comment-page-1/#comment-3 Jonathan Ginsberg Sun, 10 May 2009 01:26:14 +0000 http://sanantoniobankruptcyattorneylawyerinformation.com/faq/2009/05/09/which-states-exemption-law-applies-to-my-bankruptcy/#comment-3 What this means, of course, is that your bankruptcy lawyer is expected to (1) recognize that another state's exemption law applies; (2) understand whether the state or federal exemptions apply and to what degree and (3) understand how to apply the exemptions from another state. I practice in Atlanta, yet must become an "expert" in the exemptions from another state. I know that in Georgia there are some cases that interpret our exemptions and I suspect that this is the case elsewhere. This is yet another reason why consumer bankruptcy is no longer an area where one can dabble or learn on the job. What this means, of course, is that your bankruptcy lawyer is expected to (1) recognize that another state’s exemption law applies; (2) understand whether the state or federal exemptions apply and to what degree and (3) understand how to apply the exemptions from another state. I practice in Atlanta, yet must become an “expert” in the exemptions from another state. I know that in Georgia there are some cases that interpret our exemptions and I suspect that this is the case elsewhere. This is yet another reason why consumer bankruptcy is no longer an area where one can dabble or learn on the job.

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