What exemptions do I use for Chapter 7?

Asked over 2 years ago - Nogales, AZ

I did live in WA for more than 2yrs prior to moving to AZ. My understanding is that I can use WA exemption RCW 6.13.010 for the Homestead exemption and RCW 6.15.010 for the Personal property, such as autos, furnishings, etc. Is this correct? Also, on the Schedule C do I mark 522(b)(3)?

Attorney answers (3)

  1. Timothy R. Geiger

    Contributor Level 9

    2

    Lawyers agree

    Answered . My colleague from WI makes several good points. I will add that there are other considerations that just where you lived prior to AZ involved when planning and determining the correct exemptions. The initial question is how long have you been in AZ? The answer to that question alone may determine which exemptions you take - AZ, WA or Federal. Also, for most state's exemptions the "homestead" exemption can only be used on property within that particular state - i.e. it is possible to live in AZ, own a home in AZ, but have to use the WA exemptions and the WA homestead exemption may not apply to the AZ property and you cannot take AZ exemptions - this would be the "ouch" point my colleague from WI was pointing out.

    Therefore, I wholeheartedly agree with the advice to not pursue filing a bankruptcy (Chapter 7 or Chapter 13) without the advice and assistance of a qualified, experienced bankruptcy attorney.

    In any event, in order to provide you with further information regarding exemption planning it would be necessary to discuss the situation in detail and gather additional facts before giving you definitive advice/information. You should probably discuss this with and retain an attorney to assist you in order to avoid problems - like losing your home.

    While I realize many people, including you in this instance, want to handle matters themselves, for this one (a bankruptcy where you apparently have assets that need to be properly protected or they could be sold by the trustee), you should meet with a qualified, experienced bankruptcy attorney (I have experience with these type of cases) for a consultation so that the attorney can gather all the necesasry facts and provide you with useful information to handle the matter yourself, or to assist you with the situation.

    Also, please remember, this is a public forum and anything posted here is not privileged or confidential, so do not post more specific information here. Contact a local attorney for a confidential and privileged consultation.

    Good Luck!

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  2. Shannon E Wynn

    Contributor Level 14

    3

    Lawyers agree

    Answered . These questions always sound like fingernails on a chalkboard, as all of us realize, you are in over your head. We may be able to tell you "yes, these exemptions apply" in this instance, but you'll have another question and yet another. Exemption use and planning is one of the more complex issues with your filing and as it appears you have assets (at least a homestead), you absolutely should not do this alone. Wouldn't you hate to file, find out you have made an error and then have the trustee sell your home? Ouch!

  3. Morgan Jay Seegmiller

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Generally the deciding factor is where you lived during the 2 years immediately preceding the date of your bankruptcy filing. (Not how long you lived in the state before you moved to Arizona). Without exact dates of when you moved to Arizona and how long you have stayed here, there is no way to get an answer to your question.

    I generally agree that if you have assets which you risk losing, you need an attorney. Good luck

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