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How are Federal Exemptions Determined in Bankruptcy?

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From Quick Guide: 411 On Federal Exemptions

Summary: Federal exemptions are determined in bankruptcy according to federal and state law. Seek legal advice and decide if applying for a federal exemption is the appropriate choice with information from a lawyer in this free video on bankruptcy.

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By Andy Forman
eHow Presenter

Andy Forman, Attorney at Law, has been in bankruptcy representation for over two decades and has lead council in over 3,000 bankruptcy cases. Forman is a member of the Florida Bar and...read more

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Video Transcript

"You're considering filing a bankruptcy, and you've heard of the term, federal exemptions. What are federal exemptions, in bankruptcy? My name is Andy Forman. I'm a Consumer and Business Bankruptcy lawyer, in Tampa, Florida, and I assist people with the exemption issue, every day. Exemptions are provided by both federal and state law. Some states have opted out of the federal exemptions, and they use their state law, for bankruptcy purposes. Even if you're in an opt out state, you can still make benefit of the federal exemptions. Typically, the state law exemptions, are more generous, but there may be a circumstance where you want to use federal exemptions. The way you would make that election, is when you file your petition, Schedule C, is the exemption schedule, and you would either elect to use the exemptions of your state, or you would do federal exemptions. You would have to talk to a lawyer, and find out which set of exemptions, best suits your circumstance. State law exemptions are generally more generous, but there are circumstances where federal exemptions would be appropriate. Contact competent legal counsel, and they'll help you make the proper decision. My name is Andy Forman. Good luck with your bankruptcy."

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