Skip to main content

Search

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?

Consumer Bankruptcy Law and Practice: CONNECTICUT

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: Conn. Gen. Stat. §§ 52-352b(4), 52-361a, 52-367b.

Consumer Bankruptcy Law and Practice: 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.

Consumer Bankruptcy Law and Practice: WISCONSIN

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: Probably not. Wis. Stat. § 815.18(5) provides: “A resident is entitled to the exemptions provided by this section. A non-resident is entitled to the exemptions provided by the law of the jurisdiction of his or her residence.”

Consumer Bankruptcy Law and Practice: ALABAMA

Has state opted out of federal bankruptcy exemptions? Yes. Ala. Code § 6-10-11.

Is opt out limited to residents or domiciliaries of the state? Not specified, but probably yes. Ala. Code § 6-10-11: “In cases instituted under [Title 11] there shall be exempt . . . only that property . . . exempt under the laws of Alabama and under [federal laws other than § 522(d)].” See In re Walley, 9 B.R. 55 (Bankr. S.D. Ala. 1981) (opt-out statute applies only to Alabama residents).

Consumer Bankruptcy Law and Practice: 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.

Consumer Bankruptcy Law and Practice: UTAH

Has state opted out of federal bankruptcy exemptions? Yes. Utah Code Ann. § 78B-5-513 (West).

Is opt out limited to residents or domiciliaries of the state? Yes. Utah Code Ann. § 78B-5-513 (West): “An individual may not exempt from the property of the estate in any bankruptcy proceeding property specified in [§ 522(d) unless the individual is a non-resident of this state and has been for the 180 days preceding the bankruptcy.”

Do state’s exemptions have extraterritorial application?

Consumer Bankruptcy Law and Practice: 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.

Consumer Bankruptcy Law and Practice: 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?

Consumer Bankruptcy Law and Practice: PUERTO RICO

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: P.R. Laws Ann. tit. 32, § 1130.

Scope: Earnings for personal services within 30 days before levy of execution. P.R. Laws Ann. tit. 32, § 1130(7).

Consumer Bankruptcy Law and Practice: 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).

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.”