What you can keep in bankruptcy depends on your domicile rather than your residence

Written by admin on May 18th, 2009

If you have been in your home state for more than two years it is really clear cut which state’s law applies, but otherwise it gets tricky.
 
If you have not lived (“domiciled” that is lived with an intent to remain there indefinitely) in the same state the last two years (730 days to be exact) the state whose law applies is the one where you were domiciled for 180 days before the 2 years. If those 180 days was not in a single state then the one where you were domiciled for the longest portion of those 180 days applies.
 
If you have not yet been confused then hats off to you. What really complicates it is that “domicile” means something different than “residence.” Your domicile is the place where you intend to remain indefinitely. You can have more than one residence, but not more than one domicile.
 
So at least now you which state’s law applies, but some state’s laws do not apply extra-territorially, and some states prohibits their residents, domiciclaries, and in some cases their non-residents from using the bankruptcy code exemptions to keep property. You may be stuck with that state’s law.

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