From the Editor - Property of Estate and Exemptions • NACTT Academy

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Georgia’s bankruptcy-specific exemptions were constitutional. Georgia’s treatment of bankruptcy debtors differently from other debtors by establishment of bankruptcy- specific exemptions does not violate Georgia’s Equal Protection Clause nor the Bankruptcy Clause of the United States Constitution. Bankruptcy uniformity does not require an opt-out state to treat bankruptcy and non-bankruptcy debtors exactly alike. Section 522 does not permit a bankruptcy debtor to use a state’s exemption statute when the state has provided it is unavailable. McFarland v. Wallace (In re McFarland)

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