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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: 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

Bankruptcy Basics: § 810 Overview

This chapter contains national judiciary policies regarding bankruptcy cases that were adopted either by the Judicial Conference of the United States or by the Director of the Administrative Office of the U.S. Courts (AO). They include:

• Procedures adopted by the Judicial Conference regarding the chapter 7 fee waiver provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) (see: § 820); and

Bankruptcy Basics: § 820 Chapter 7 Fee Waiver Procedures

The Judicial Conference promulgated these procedures to assist district courts and bankruptcy courts with implementing the fee waiver provisions set forth in Section 418 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-8, 199 Stat. 23), as codified at 28 U.S.C. §§ 1930(f)(1)–(3). JCUS-SEPT 13, pp. 8–9.

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

(a) Instead of paying the prescribed chapter 7 filing fee or filing an installment application, an individual debtor may, along with the bankruptcy petition, file an application to waive the filing fee. See: 28 U.S.C. § 1930(f)(1).

(1) Federal Rule of Bankruptcy Procedure 1006(c) requires that the application be “prepared as prescribed by the appropriate Official Form” (Official Form 103B).

Bankruptcy Basics: § 820.30 Developments in the Case

(a) Conversion to Another Chapter

(1) If the filing fee for an individual chapter 7 debtor is waived and the debtor’s case is later converted to a case under another chapter, the debtor must pay the full filing fee required for that chapter.

(2) The conversion order should give the debtor a reasonable time in which to either pay the fee in full or begin making installment payments.

(b) Fee Waiver Request After Installment Payment Application

Bankruptcy Basics: § 820.40 Waiver of Additional Individual Debtor Fees

(a) In addition to fees due at filing, other fees scheduled by the Judicial Conference under 28 U.S.C. §§ 1930(b) and (c) may be waived, in the discretion of the court, for an individual debtor whose filing fee has been waived, or for whom the totality of circumstances during the pendency of the case and appeal warrant such waiver upon request.

Bankruptcy Basics: § 830 Guidance for Protection of Tax Information

The Director of the AO promulgates this Guidance Regarding Tax Information under 11 U.S.C. § 521 as required by Section 315(c) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) to safeguard the confidentiality of tax information, including tax returns, transcripts of returns, amendments to returns and any other document containing tax information provided by the debtor under 11 U.S.C. § 521.

Bankruptcy Basics: § 830.10 Debtor’s Duty to Provide Tax Information

(a) Sections 521(e) and (f) of the Bankruptcy Code, which governs the provision of tax information, applies only to individual debtors filing under chapter 7, 11 or 13 of the Bankruptcy Code.

(b) Section 521(e)(2) requires a debtor to provide the trustee and any requesting creditor a copy or transcript of the federal income tax return required under applicable law for the most recent tax year ending immediately before the commencement of the case if filed.

Bankruptcy Basics: § 830.20 Restricted Access to Tax Information

(a) For tax information to be filed with the court, it must be entered into a court’s CM/ECF system by selection of the “Tax Documents” event from the CM/ECF event list. (Note: Because a court may customize event names, “Tax Documents” may also be “Tax Information” or some other variation.)

(1) The tax information filed using this event is restricted to those users assigned a “court” log in (i.e., judicial officers and court employees).

Bankruptcy Basics: § 830.30 Tax Information Disclosure Requests

To gain access to a debtor’s tax information under 11 U.S.C. § 521(f), the United States trustee or bankruptcy administrator, case trustee, and any party in interest, including a creditor, must follow the procedures provided below.

(a) A written request that a debtor file copies of tax returns with the court under 11 U.S.C. § 521(f) must be filed with the court and served on the debtor and debtor’s counsel, if any.

Bankruptcy Basics: § 830.40 Approved Access to Tax Information

(a) Local courts have authority to determine procedures, the details of which are within the discretion of the court, for transmitting the tax information to the movant when access has been granted. Possible methods include mailing a hard copy, or developing procedures to view tax information at the clerk’s office.