Camp v. Ingalls (In re Camp)

Citation:
(5th Circuit, Dec 31,1969)
Tag(s):
Ruling:
1. Individual debtor living in the Western District of Texas for less than 730 days is required by the choice of law provision in Sec. 522(b)(3)(A) to use the exemption statutes of his previous domicile, which in this case is Florida. 2. Florida has opted out of the federal exemption scheme only with respect to Florida residents. Since the debtor was not a resident of Florida when he filed for bankruptcy, but rather was a resident of Texas, he is not precluded by from using the federal exemptions by Florida's opt out statute. See. Fla. Stat. Ann. Sec. 222.20.
Procedural context:
This is an appeal from the Western District of Texas, which had reversed the Bankruptcy Court for the Western District of Texas.
Facts:
The Debtor lived in Florida from January 17, 2004 to April 30, 2007. The Debtor then moved to Texas, where he filed for Chapter 7 bankruptcy on June 10, 2008. In his bankruptcy petition, the Debtor elected to claim the federal exemptions set forth in Sec. 522(d) of the Bankruptcy Code. The Trustee objected to the exemption claim, arguing that because the Debtor had not lived in Texas for the entire 730 day period preceding the bankruptcy filing, the law that applied to the Debtor under the choice of law provision in Sec. 522(b)(3)(A) was not the law of the state of filing (i.e. Texas) but rather the law of the state in which the Debtor lived for a majority of the 180 day period prior to the 730 day period (i.e. Florida). The Trustee further argued that Florida law does not permit the Debtor to claim the federal exemptions.

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