Foreign State Exemptions
In a message dated 8/6/2010 4:04:49 P.M. Pacific Daylight Time,
DavidTilem@TilemLaw.com writes:
No, just look at the exemptions of the applicable state.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, , G, ,
The post was migrated from Yahoo.
Wait until day 91
Sent from my iPhone
On Aug 6, 2010, at 4:01 PM, "Hale Andrew Antico" wrote:
Exemptions are determined by residency for two years.
Greater part of last 180 days is for venue, not exemptions.
Therefore, your question, as posed, is moot and can't be filed in CA.
Robert
Sent: Friday, August 06, 2010 3:23 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Foreign State Exemptions
I have a possible no asset Chapter 7.
Debtor may not have lived in CA for the requisite 91+ days to use CA
exemptions, but it is a close call.
Debtor has nothing (literally). Do any local rules require I associate in
out of state counsel? Is it malpractice if I do not contact out of state
counsel? (Seems like it would be.....)
Yahoo! Groups Links
Wait until day 91Sent from my iPhoneOn Aug 6, 2010, at 4:01 PM, "Hale Andrew Antico" <bk.lawyer@gmail.com> wrote:
Exemptions are determined by residency for two years.
Greater part of last 180 days is for venue, not exemptions.
Therefore, your question, as posed, is moot and can't be filed in CA.
yahoogroups.com">cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of
Robert
Sent: Friday, August 06, 2010 3:23 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Foreign State Exemptions
I have a possible no asset Chapter 7.
Debtor may not have lived in CA for the requisite 91+ days to use CA
exemptions, but it is a close call.
Debtor has nothing (literally). Do any local rules require I associate in
out of state counsel? Is it malpractice if I do not contact out of state
counsel? (Seems like it would be.....)
Yahoo! Groups Links
The post was migrated from Yahoo.
charset="windows-1251"
No, just look at the exemptions of the applicable state.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Robert
Sent: Friday, August 06, 2010 3:23 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Foreign State Exemptions
I have a possible no asset Chapter 7.
Debtor may not have lived in CA for the requisite 91+ days to use CA
exemptions, but it is a close call.
Debtor has nothing (literally). Do any local rules require I associate in
out of state counsel? Is it malpractice if I do not contact out of state
counsel? (Seems like it would be.....)
charset="windows-1251"
Message
No, just look at the
exemptions of the applicable state.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Exemptions are determined by residency for two years.
Greater part of last 180 days is for venue, not exemptions.
Therefore, your question, as posed, is moot and can't be filed in CA.
Robert
Sent: Friday, August 06, 2010 3:23 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Foreign State Exemptions
I have a possible no asset Chapter 7.
Debtor may not have lived in CA for the requisite 91+ days to use CA
exemptions, but it is a close call.
Debtor has nothing (literally). Do any local rules require I associate in
out of state counsel? Is it malpractice if I do not contact out of state
counsel? (Seems like it would be.....)
Yahoo! Groups Links
The post was migrated from Yahoo.
charset="ISO-8859-1"
Read 522(b)(3) and 28 usc 1408. There is a difference between using domicile
to file a case in a particular jurisdiction (91+ day rule), and the right to
use a states exemptions, a rule so complicated I wont try to characterize
it (see also http://www.exemptionsexpress.com/).
- John D. Faucher
On 8/6/10 3:22 PM, "Robert" wrote:
>
>
>
>
>
> I have a possible no asset Chapter 7.
>
> Debtor may not have lived in CA for the requisite 91+ days to use CA
> exemptions, but it is a close call.
>
> Debtor has nothing (literally). Do any local rules require I associate in out
> of state counsel? Is it malpractice if I do not contact out of state counsel?
> (Seems like it would be.....)
>
>
>
>
>
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] Foreign State Exemptions
Read 522(b)(3) and 28 usc 1408. There is a difference between using domicile to file a case in a particular jurisdiction (91+ day rule), and the right to use a state’s exemptions, a rule so complicated I won’t try to characterize it (see also http://www.exemptionsexpress.com/).
- John D. Faucher
On 8/6/10 3:22 PM, "Robert" <robertvitt@vittlawfirm.com> wrote:
I have a possible no asset Chapter 7.
Debtor may not have lived in CA for the requisite 91+ days to use CA exemptions, but it is a close call.
Debtor has nothing (literally). Do any local rules require I associate in out of state counsel? Is it malpractice if I do not contact out of state counsel? (Seems like it would be.....)
- John D. Faucher
The post was migrated from Yahoo.
I have a possible no asset Chapter 7.
Debtor may not have lived in CA for the requisite 91+ days to use CA exemptions, but it is a close call.
Debtor has nothing (literally). Do any local rules require I associate in out of state counsel? Is it malpractice if I do not contact out of state counsel? (Seems like it would be.....)
The post was migrated from Yahoo.