Page url: http://www.exemptionsexpress.com/Default_rule.html

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Page Title: Default_rule

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Page Text: There are two alternative bases for this rule. The only way a nonresident debtor can be denied use of the federal exemptions is if the applicable state has expressly opted out for nonresidents. 11 USC § 522(b)(2). If there is no applicable state, there can be no opt-out, and debtor retains use of the federal exemptions. In re Arispe, 289 B.R. 245 (Bankr.S.D.Fla. 2002); In re Goldsmith, 2003 WL 295690 (Bankr.S.D.Fla.2003). Second, the "savings clause" in 11 USC § 522(b), hanging paragraph, (added by BAPCPA) states: “If the effect of the domiciliary requirement under subparagraph (A) is to render the debtor ineligible for any exemption, the debtor may elect to exempt property that is specified under subsection (d).”

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Spelling errors:

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Possibly mis-spelt word: Arispe

Suggestion: Arise
Suggestion: Spear

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