How Do Bankruptcy Exemptions Operate?

How Do Bankruptcy Exemptions Operate? "Exemptions apply exclusively to individual debtors and are a component of the new beginning granted to individuals, who cannot simply cease operations like a failing business can. In addition to protecting a certain quantity of personal property, exemptions allow the debtor to continue earning a living and to support dependents.History:The original intent of the Bankruptcy Code was to allow the debtor to choose between federal bankruptcy exemptions contained in section 522(b) of the United States Bankruptcy Code and state law exemptions. Congress, however, permitted state legislatures to opt out of federal bankruptcy exemptions, thereby limiting debtors in certain states to state law exemptions. Approximately two-thirds of states have rejected federal exemptions. Thus, the majority of debtors must utilize the exemptions of their home state.In states that have not opted out, debtors must choose between federal and state exemptions. They cannot choose between the two options. Moreover, married debtors who submit a joint bankruptcy petition must select the same exemption scheme.The exemptions are claimed on a schedule attached to the bankruptcy petition. A dependent of the debtor may file an exemption claim if the debtor fails to do so. Creditors and other interested parties may object to claimed exemptions within 30 days of the conclusion of the meeting of creditors or the filing of an amendment to the debtor's claimed exemptions.If an objection is filed, the court will conduct a hearing after notifying the debtor, the case trustee, and any other parties with an interest. At the hearing, the burden of proof rests with the objector to demonstrate that the exemption is improper. The bankruptcy court is then responsible for determining whether the asserted exemption is valid based on applicable federal or state law.
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