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Domicile rule
The rule that decides which state's exemption law applies to a debtor: the law of the place where the debtor's domicile has been for the 730 days before filing. 1
Talk to a lawyerHow it works
If the debtor's domicile was not in a single state for those 730 days, the rule looks further back. The law that applies is that of the place where the debtor was domiciled for the 180 days just before the 730-day period, or for the longer part of those 180 days. 1
So a recent move can mean that a former state's exemption law governs the case, not the law of the state where the debtor now lives. 1
There is a safety net. If the domicile requirement would leave a debtor not eligible for any exemption, the debtor may choose the federal bankruptcy exemptions. 1
The rule matters because exemption law varies. Many states have adopted their own exemption law in place of the federal exemptions, while in other places a debtor can choose between the federal exemptions and those under state law. 2
Common questions
I moved recently. Which state's exemptions apply?
If your domicile was not in a single state for the 730 days before filing, the law of the place where you were domiciled for the 180 days before that period, or for the longer part of those 180 days, generally applies. Working out domicile can be complicated, so check with a lawyer. 1
Does this rule also decide where I file?
No. Where a case is filed is a separate venue question, based on where the person's domicile, residence, principal place of business or principal assets have been for the 180 days before filing. 3
What if the rule leaves me with no exemptions at all?
Then you may choose the federal bankruptcy exemptions instead. A lawyer can tell you whether that applies to you. 1
Sources
Moved in the last couple of years?
A bankruptcy lawyer can work out which exemption law applies to you before you file.
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