If the effect of section 522(b)(3)'s domiciliary requirements is to render a debtor ineligible for any state's exemptions because the domiciliary state has opted out of the federal exemption scheme and does not permit non-residents from claiming the state's exemptions, the debtor may elect to exempt property under section 522(d).
Date of decision: 9/7/07
Full opinion here.
Saturday, December 8, 2007
In re VIKKI J. NICKERSON - Case No. 07-41889
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