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Consumer Bankruptcy Law and Practice: SOUTH CAROLINA

Has state opted out of federal bankruptcy exemptions? Yes. S.C. Code Ann. § 15-41-35.

Is opt out limited to residents or domiciliaries of the state? Not specified. S.C. Code Ann. § 15-41-35: “No individual may exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522(d)] except as may be expressly permitted by this chapter or by other provisions of law of this State.”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: ARKANSAS

Has state opted out of federal bankruptcy exemptions? No. Ark. Code Ann. § 16-66-217.

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

Do state’s exemptions have extraterritorial application?

Homestead: Probably not. Ark. Code Ann. § 16-66-210 limited to homestead “of any resident of this state.” See Cherokee Constr. Co. v. Harris, 122 S.W. 485 (Ark. 1909).

Personal property: Uncertain.

Consumer Bankruptcy Law and Practice: OHIO

Has state opted out of federal bankruptcy exemptions? Yes. Ohio Rev. Code Ann. § 2329.662 (West).

Is opt out limited to residents or domiciliaries of the state? Yes. Ohio Rev. Code Ann. § 2329.662 (West): “[T]his state specifically does not authorize debtors who are domiciled in this state to exempt the property specified in [§ 522(d)].”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: KANSAS

Has state opted out of federal bankruptcy exemptions? Yes, except as to 11 U.S.C. § 522(d)(10) (benefits, alimony, support, maintenance, certain pensions and similar payments). Kan. Stat. Ann. § 60-2312.

Is opt out limited to residents or domiciliaries of the state? Not specified. Kan. Stat. Ann. § 60-2312: “[N]o person, as an individual debtor under the [Bankruptcy Code], may elect exemptions pursuant to [§ 522(d)].”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: VIRGINIA

Has state opted out of federal bankruptcy exemptions? Yes. Va. Code Ann. § 34-3.1.

Is opt out limited to residents or domiciliaries of the state? Not specified. Va. Code Ann. § 34-3.1: “No individual may exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522(d)], except as may otherwise be expressly permitted under this title.”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: SOUTH DAKOTA

Has state opted out of federal bankruptcy exemptions? Yes. S.D. Codified Laws §§ 43-31-30, 43-45-13.

Is opt out limited to residents or domiciliaries of the state? Yes. S.D. Codified Laws §§ 43-31-30, 43-45-13: “Residents of this state are not entitled to [§ 522(d) exemptions], exemptions which this state specifically does not authorize.” See In re Volk, 26 B.R. 457 (Bankr. D.S.D. 1983).

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: MINNESOTA

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 Drenttel, 403 F.3d 611 (8th Cir. 2005).

Personal property: Not specified in exemption statute, but probably yes based on In re Drenttel, 403 F.3d 611 (8th Cir. 2005).

Consumer Bankruptcy Law and Practice: CALIFORNIA

Has state opted out of federal bankruptcy exemptions? Yes. Cal. Civ. Proc. Code § 703.130 (West).

Is opt out limited to residents or domiciliaries of the state? Not specified. Cal. Civ. Proc. Code § 703.130 (West): “[T]he exemptions set forth in [§ 522(d)] . . . are not authorized in this state.”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: OKLAHOMA

Has state opted out of federal bankruptcy exemptions? Yes. Okla. Stat. tit. 31, § 1(B).

Is opt out limited to residents or domiciliaries of the state? Yes. Okla. Stat. tit. 31, § 1(B): “No natural person residing in this state may exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522)d)] . . . .”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: KENTUCKY

Has state opted out of federal bankruptcy exemptions? No. Ky. Rev. Stat. Ann. § 427.170 (West).

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

Do state’s exemptions have extraterritorial application?

Homestead: No. Ky. Rev. Stat. Ann. § 427.060 (West) applies to “real or personal property . . . that such debtor or . . . dependent . . . uses as a permanent residence in this state.”

Consumer Bankruptcy Law and Practice: WASHINGTON

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: Wash. Rev. Code §§ 6.27.010, 6.27.150, 6.27.170.

Consumer Bankruptcy Law and Practice: NEW JERSEY

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: N.J. Stat. Ann. §§ 2A:17-1, 2A:17-50, 2A:17-56, 2A:17-56.9, 2A:17-56.12 (West).

Consumer Bankruptcy Law and Practice: TENNESSEE

Has state opted out of federal bankruptcy exemptions? Yes. Tenn. Code Ann. § 26-2-112.

Is opt out limited to residents or domiciliaries of the state? Yes (as to “citizens”). Tenn. Code Ann. § 26-2-112: “[C]itizens of Tennessee, . . . are not authorized to claim as exempt the property described in [§ 522(d)].”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Consumer Bankruptcy Law and Practice: MISSISSIPPI

Has state opted out of federal bankruptcy exemptions? Yes. Miss. Code Ann. § 85-3-2.

Is opt out limited to residents or domiciliaries of the state? Yes. Miss. Code Ann. § 85-3-2: “Residents of the State of Mississippi shall not be entitled to the federal exemptions . . . [in § 522(d)].”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Consumer Bankruptcy Law and Practice: COLORADO

Has state opted out of federal bankruptcy exemptions? Yes. Colo. Rev. Stat. § 13-54-107.

Is opt out limited to residents or domiciliaries of the state? Yes. Colo. Rev. Stat. § 13-54-107: “[T]he exemptions in [§ 522(d)] are denied to residents of this state. Exemptions authorized to be claimed by residents of this state shall be limited to those exemptions expressly provided by the statutes of this state.”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: OREGON

Has state opted out of federal bankruptcy exemptions? No. Or. Rev. Stat. § 18.300.

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 Stratton, 269 B.R. 716 (Bankr. D. Or. 2001) (Oregon homestead exemption applied to property in California).

Personal property: Probably yes, based on In re Stratton, 269 B.R. 716 (Bankr. D. Or. 2001).

Consumer Bankruptcy Law and Practice: LOUISIANA

Has state opted out of federal bankruptcy exemptions? Yes. La. Rev. Stat. Ann. § 13:3881(B)(1).

Is opt out limited to residents or domiciliaries of the state? Not specified. La. Rev. Stat. Ann. § 13:3881(B)(1): “In cases instituted under [Title 11], there shall be exempt . . . only that property and income which is exempt under the laws of the state of Louisiana and under federal laws other than [§ 522(d)].”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: WEST VIRGINIA

Has state opted out of federal bankruptcy exemptions? No. (l) Solely for the purpose of applying the provisions of 11 U.S.C. § 522(b)(2) in a federal bankruptcy proceeding and only to the extent otherwise allowed by applicable federal law, an individual debtor domiciled in this state may exempt from property of the debtor’s bankruptcy estate the property specified under 11 U.S.C. § 522(d). W. Va. Code § 38-10-4(l).

Consumer Bankruptcy Law and Practice: NEW MEXICO

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: N.M. Stat. Ann. § 35-12-7.

Scope: Disposable earnings.

Consumer Bankruptcy Law and Practice: IDAHO

Has state opted out of federal bankruptcy exemptions? Yes. Idaho Code Ann. § 11-609.

Is opt out limited to residents or domiciliaries of the state? Not specified. Idaho Code Ann. § 11-609: “In any federal bankruptcy proceeding, an individual debtor may exempt from property of the estate only such property as is specified under the laws of this state.”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: TEXAS

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?