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Consumer Bankruptcy Law and Practice: ALASKA

Has state opted out of federal bankruptcy exemptions? No. See In re Tinkess, 459 B.R. 76 (Bankr. D. Alaska 2008) (finding that Alaska Stat. § 09.38.055 lacks sufficient specificity to operate as an opt-out statute).

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: No. Alaska Stat. § 09.38.010 limited to “property in this state.”

Consumer Bankruptcy Law and Practice: NORTH CAROLINA

Has state opted out of federal bankruptcy exemptions? Yes. N.C. Gen. Stat. § 1C-1601(f).

Is opt out limited to residents or domiciliaries of the state? Yes. N.C. Gen. Stat. § 1C-1601(f): “The exemptions provided in [§ 522(d)], are not applicable to residents of this State. The exemptions provided by this Article and by other statutory or common law of this State shall apply for purposes of [§ 522(b)].”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: INDIANA

Has state opted out of federal bankruptcy exemptions? Yes. Ind. Code § 34-55-10-1.

Is opt out limited to residents or domiciliaries of the state? Yes. Ind. Code § 34-55-10-1: “an individual debtor domiciled in Indiana is not entitled to use . . . [§ 522(d) exemptions].”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: VERMONT

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Yes. See In re Oliver, 182 B.R. 699 (Bankr. D. Vt. 1995) (debtor may use Vermont homestead to exempt proceeds of sale of property in another state).

Personal property: Uncertain.

Consumer Bankruptcy Law and Practice: DISTRICT OF COLUMBIA

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Yes (with limitations). D.C. Code § 15-501(a) provides that specified property of a head of family or householder, who resides in the District of Columbia or who earns the major portion of his livelihood there, is exempt “regardless of his place of residence.”

Consumer Bankruptcy Law and Practice: VIRGIN ISLANDS

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Wages: V.I. Code Ann. tit. 5, §§ 521, 522.

Consumer Bankruptcy Law and Practice: MICHIGAN

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Wages: Mich. Comp. Laws § 600.5311.

Scope: Wages.

Consumer Bankruptcy Law and Practice: HAWAII

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: No. Haw. Rev. Stat. § 651-92(a)(1) applies to one parcel of real property “in the state of Hawaii.”

Personal property: Uncertain.

Wages: Haw. Rev. Stat. §§ 652-1(a), (b), 651-121, 653-3.

Consumer Bankruptcy Law and Practice: PENNSYLVANIA

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: No exemption.

Personal property: Uncertain.

Wages: 23 Pa. Cons. Stat. § 3703; 42 Pa. Cons. Stat. § 8127.

Scope: Wages, salaries and commissions of individuals. 42 Pa. Cons. Stat. § 8127.

Bankruptcy Basics: Why Every Attorney Should Be Prepared to File a Consumer Bankruptcy

Many attorneys find the bankruptcy process and even bankruptcy terminology intimidating, not to mention the need to become familiar with a new court and new filing requirements. A common response is “I don’t do bankruptcies.” Oftentimes, consumer law attorneys and consumer bankruptcy attorneys will see the same problem through their own respective lenses, leading to complicated solutions to straightforward problems. When all you have is a hammer, everything starts to look like a nail.

Bankruptcy Basics: The Bankruptcy Code, Rules, and Forms

The Bankruptcy Code, title 11 of the United States Code, is the most important source of law in bankruptcy cases. The Code is broken down into chapters that, with the exception of chapter 12, are assigned only odd numbers. Chapters 1, 3, and 5 contain provisions that are generally applicable to all types of bankruptcies, such as chapter 1’s definitions and rules of construction.

Bankruptcy Basics: Fifteen Years of BAPCPA

In 2005, the credit card industry and other creditors pushed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Public Law No. 109-8, 119 Stat. 23, through Congress. It extensively amended the Bankruptcy Code, 11 U.S.C. §§ 101–1532. This Act will be referred to in this guide as BAPCPA.

Despite calling itself a “consumer protection act,” BAPCPA sought to do two things: (1) make it harder for the average consumer debtor to discharge debts, and (2) make it more difficult, and more expensive, for debtors to file bankruptcy in the first place.

HUD Housing Programs: Tenants’ Rights (The Green Book): 14.10.1.1 Types of Injunctive Relief and Their Uses

Federal Rule of Civil Procedure 65 provides for injunctive relief at the court’s discretion. As the Supreme Court has stated, “[t]he basis for injunctive relief in the federal courts has always been irreparable injury and the inadequacy of legal remedies.”1298 Injunctive relief is a virtual staple of public interest litigation.

In housing cases, tenants have obtained injunctive relief to:

Bankruptcy Basics: Introductory Materials

Guide to Judiciary Policy

Vol. 4: Court and Case Management

Ch. 8: Bankruptcy Case Policies

§ 810 Overview

§ 815 Applicability

§ 820 Chapter 7 Fee Waiver Procedures

§ 820.10 Filing Fee Waiver Application and Initiation of the Chapter 7 Case

§ 820.20 Judicial Determination of Filing Fee Waiver Applications