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Collection Actions: DELAWARE

Has state opted out of federal bankruptcy exemptions? Yes. Del. Code Ann. tit. 10, § 4914.

Is opt out limited to residents or domiciliaries of the state? Yes. Del. Code Ann. tit. 10, § 4914: “[A]n individual debtor domiciled in Delaware is not authorized or entitled to elect the Federal exemptions . . . [in § 522(d)] and may exempt only that property from the estate as set forth is subsection (b) of this section.”

Do state’s exemptions have extraterritorial application?

Collection Actions: 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.

Collection Actions: MAINE

Has state opted out of federal bankruptcy exemptions? Yes. Me. Rev. Stat. Ann. tit. 14, § 4426.

Is opt out limited to residents or domiciliaries of the state? Not specified. Me. Rev. Stat. Ann. tit. 14, § 4426: “[A] debtor may exempt from property of the debtor’s estate under [Title 11], only that property exempt under [11 U.S.C. § 522(b)(2)(A) and (B)].”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Collection Actions: MARYLAND

Has state opted out of federal bankruptcy exemptions? Yes. Md. Code Ann., Cts. & Jud. Proc. § 11-504 (West).

Is opt out limited to residents or domiciliaries of the state? Not specified, but probably not. Md. Code Ann., Cts. & Jud. Proc. § 11-504 (West): “In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by § 522(d) of the federal Bankruptcy Code.” See In re Brooks, 393 B.R. 80 (Bankr. M.D. Pa. 2008) (Maryland opt-out statute is not limited to domiciliaries).

Collection Actions: 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.

Collection Actions: 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).

Collection Actions: MONTANA

Has state opted out of federal bankruptcy exemptions? Yes. Mont. Code Ann. § 31-2-106.

Is opt out limited to residents or domiciliaries of the state? Not specified. Mont. Code Ann. § 31-2-106: “An individual may not exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522(d)].”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Collection Actions: 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).

Collection Actions: NEW YORK

Has state opted out of federal bankruptcy exemptions? No. Although N.Y. Debt. & Cred. Law § 284 (McKinney) provides that debtors domiciled in New York are not permitted to use the federal exemptions under section 522(d) of the Bankruptcy Code, and this provision has not been repealed, a more recent statute, N.Y. Debt. & Cred. Law § 285 (McKinney), provides that an individual debtor in a bankruptcy case may opt to use the exemptions provided under section 522(d) of the Bankruptcy Code in lieu of New York exemptions.

Collection Actions: RHODE ISLAND

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?

Collection Actions: 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?

Collection Actions: 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?

Collection Actions: 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.

Fair Credit Reporting: Introduction

Appendix I.1, infra, contains sample credit reports from the three major nationwide consumers reporting agencies—Equifax, Experian, and TransUnion. These sample reports are illustrative only and are subject to modification. Sample credit reports are available for viewing on the websites of these CRAs.1

Fair Credit Reporting: I.1.3 TransUnion

Note: This report example is only an illustration of the type of information provided on a TransUnion Personal Credit Report. The information in the report example does not reflect a particular or personal situation. You must order your TransUnion Personal Credit Report to obtain information that pertains to your personal situation. The sample TransUnion Personal Credit Report, TransUnion and the “T” logo are registered or unregistered copyrighted works, service marks or trademarks of TransUnion L.L.C. All Rights Reserved.

Fair Credit Reporting: K.3 Alterative II: Correcting the Status of an Account, But Retaining Information About the Account

The following is proposed settlement language that would require the creditor to request correction of a disputed credit account, but would leave the account listed in the consumer’s credit reporting file. This option is recommended only when there is a significant benefit to the client in maintaining information about the account, for it is far more likely to raise post-settlement problems.

Fair Credit Reporting: List of Consumer Reporting Agencies and Other Database Companies

The following list of companies and their addresses was provided courtesy of Florida attorney Leo Bueno, with additions from a list published by the Consumer Financial Protection Bureau.1 Note that this list is a work in progress and is not meant to be a comprehensive list of all consumer reporting agencies. In the past few years, there has been some consolidation of the consumer reporting industry, so some of the companies listed may have merged, may have been bought, or no longer exist.