Jacksonville Bankrupcty Lawyer: Are There State Law Exemptions in Bankruptcies?

Exemptions dictate what property of yours that you may keep when you file bankruptcy. Most people are surprised to learn that in most cases, the exemptions used in bankruptcy come from state law, not federal law. This is because states are allowed to opt-out of federal law exemptions and make up their own. Florida has done this. There are residency requirements however, to be able to use Florida’s exemptions. Just because you are a resident of Florida when you file for bankruptcy does not mean that you can use Florida’s exemptions. The law dictates that your bankruptcy exemptions are determined by the state in which you have been domiciled for the 730 days prior to filing your case. If you have lived in multiple states during this time, figuring out what state’s exemption laws apply to you can be tricky. A Jacksonville bankruptcy attorney will be able to help do this correctly. If you do not get your exemptions right, the trustee will object in your case.