DEBTOR GETS FEDERAL EXEMPTIONS IF MISSOURI RESIDENT IS
ENTITLED TO KANSAS EXEMPTIONS AS OF DATE OF FILING
In re Fabert, Case No. 06-21539
January 2008, Judge Somers
For purposes of 522(b), debtor who was a Missouri resident as of date of filing but was
entitled to Kansas exemptions is entitled to federal exemptions under 522(d). Trustee
argued debtor could not claim federal exemptions because Kansas an opt out state. The
decision hold, also, that Kansas exemptions are not extra territorial.
Kansas Exemptions Not Extra Territorial
Posted on June 9, 2008 Written by
About Jill MichauxJill Michaux is a Kansas bankruptcy attorney with Neis Michaux Law Office. She and her partner, Mark Neis, are Topeka's only consumer bankruptcy law specialists. They are board certified by the American Board of Certification.
