10-34145 In re George

By: WISCONSIN LAW JOURNAL STAFF//December 20, 2010//

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Bankruptcy
Exemptions

A debtor who cannot exempt property under either the Wisconsin state exemptions or another state’s exemptions can use the federal exemptions under sec. 522(d).

“The context of the exemption statute in the state court judgment enforcement provisions and the express reference to Illinois residents in § 12-1101 strongly suggests that only Illinois residents can claim Illinois exemptions. It follows that the Debtor in this case does not qualify to claim the Illinois exemptions as she no longer resides in Illinois. Since she cannot claim the Illinois exemptions as they are limited to residents, and she has not lived in Wisconsin long enough to claim the Wisconsin exemptions, the Debtor qualifies to select the federal exemptions under the safe harbor provision of the hanging paragraph.”

10-34145 In re George

E.D.Wis., Kelley, Bankr. J.

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