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Consumer Bankruptcy Law and Practice: §§ 58.33(g) through 58.33(n)

(g) Course procedures.

(1) Generally, a provider shall:

(i) Ensure the instructional course contains sufficient learning materials and teaching methodologies so that the debtor receives a minimum of two hours of instruction, regardless of the method of delivery of the course;

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.35 Minimum requirements to become and remain approved providers relating to certificates.

(a) An approved provider shall send a certificate only to the debtor who took and completed the instructional course, except that an approved provider shall instead send a certificate to the attorney of a debtor who took and completed an instructional course if the debtor specifically directs the provider to do so. In lieu of sending a certificate to the debtor or the debtor’s attorney, an approved provider may notify the appropriate bankruptcy court in accordance with the Federal Rules of Bankruptcy Procedure that a debtor has completed the instructional course.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.36 Procedures for obtaining final provider action on United States Trustees’ decisions to deny providers’ applications and to remove approved providers from the approved list.

(a) The United States Trustee shall remove an approved provider from the approved list whenever an approved provider requests its removal in writing.

(b) The United States Trustee may issue a decision to remove an approved provider from the approved list, and thereby terminate the approved provider’s authorization to provide an instructional course, at any time.

Consumer Bankruptcy Law and Practice: C.4 Electronic Public Access Fee Schedule

The following fee schedule for use of the PACER system was issued by the Judicial Conference of the United States in accordance with 28 U.S.C. §§ 1913, 1914, 1926, 1930, and 1932. It is effective as of January 1, 2020.

Electronic Public Access Fee Schedule

The fees included in the Electronic Public Access Fee Schedule are to be charged for providing electronic public access to court records.

Published on: December 31, 2019

Effective on: January 1, 2020

Federal Deception Law: Introduction and Listing of Provisions

This appendix includes statutory material relevant to the rulewriting authority of the Consumer Financial Protection Bureau (CFPB) regarding consumer financial services. See also Ch. 3, supra. To date, the CFPB has not issued any UDAAP rules, and this appendix will include such rules when enacted.

Consumer Bankruptcy Law and Practice: ARIZONA

Has state opted out of federal bankruptcy exemptions? Yes. Ariz. Rev. Stat. Ann. § 33-1133.

Is opt out limited to residents or domiciliaries of the state? Yes. Ariz. Rev. Stat. Ann. § 33-1133: “Residents of this state are not entitled to the Federal exemptions provided in 11 U.S.C. § 522(d).” See In re Rody, 468 B.R. 384 (Bankr. D. Ariz. 2012) (Arizona opt-out applicable only to Arizona residents).

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: NORTH DAKOTA

Has state opted out of federal bankruptcy exemptions? Yes. N.D. Cent. Code § 28-22-17.

Is opt out limited to residents or domiciliaries of the state? Yes. N.D. Cent. Code § 28-22-17: “Residents of this state are not entitled to the federal exemptions provided in [§ 522(d)]. The residents of this state are limited to claiming those exemptions allowable by North Dakota law.”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Consumer Bankruptcy Law and Practice: IOWA

Has state opted out of federal bankruptcy exemptions? Yes. Iowa Code § 627.10.

Is opt out limited to residents or domiciliaries of the state? Not specified, but probably not. Iowa Code § 627.10: “A debtor to whom the law of this state applies on the date of filing of a petition in bankruptcy is not entitled to elect . . . [§ 522(d) exemptions].” See In re Williams, 369 B.R. 470 (Bankr. W.D. Ark. 2007) (debtors residing in Arkansas are subject to Iowa opt-out statute).

Consumer Bankruptcy Law and Practice: NEVADA

Has state opted out of federal bankruptcy exemptions? Yes. Nev. Rev. Stat. § 21.090(3).

Is opt out limited to residents or domiciliaries of the state? Yes. Nev. Rev. Stat. § 21.090: “Any exemptions specified in [§ 522(d)], do not apply to property owned by a resident of this State . . . .”

Do state’s exemptions have extraterritorial application?

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.”