ABI Commission on Consumer Bankruptcy – Recommendations Related to Exemptions

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of federal exemptions and apply their own state exemptions for application in bankruptcy cases.

Outside of bankruptcy, exemptions that apply to defendants facing a civil judgment are prescribed by the state in which the action is brought or the . . .

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