Georgia has opted out of the federal bankruptcy exemptions
but the opt-out applies only to debtors who have been
domiciled in Georgia “for the 180 days immediately preceding
the date of the filing of the bankruptcy petition or for a longer
portion of such 180 day period than in any other place.” Ga.
Code Ann. § 44-13-100(b). So, if this state is the applicable
state (as determined by the method stated on the home page
of this site), debtors who are not in that category on the date
of filing bankruptcy may use the federal exemptions. In re
Chandler, 362 B.R. 723 (Bankr.N.D.W.Va.2007) (because
applicable state, Georgia, had not opted out for nonresidents,
debtor was eligible for federal exemptions).
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