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Two-year residency requirement for state
or local exemption law
• S. 256 § 307
A new § 522(b)(3) specifies the state or local law governing
the debtors’ exemption as the law of the place where the
debtor’s domicile was located for 730 days before filing,
and if the debtor did not maintain a domicile in a single state
for that period, the governing exemption law is that of the
place of the debtor’s domicile for the majority of the
180-day period preceding the 730 days before filing (that is,
between 2 and 2- 1/2 years before the filing). If this new residency
requirement would somehow render the debtor ineligible for any
exemption, then the debtor is allowed to choose the federal
exemptions. |
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