Some of Maryland's exemptions are not available to debtors
who are not Maryland domiciliaries. “In addition to the
exemptions provided in subsection (b) of this section, and in
other statutes of this State, in any proceeding under Title 11 of
the United States Code, entitled ‘Bankruptcy’, any individual
debtor domiciled in this State may exempt the debtor's
aggregate interest, not to exceed $5,000 in value, in real
property or personal property.“ Md.Code Ann, Cts. & Jud.
Proc. § 11-504(f). In re Brooks, 393 B.R. 80 (Bankr. M.D. Pa.
2008) (Debtors who were not domiciled in Maryland could not
use those state exemptions that were limited to persons
domiciled in the state).
Maryland has opted out of the federal exemptions. So may
debtors who are not Maryland residents claim the federal
exemptions under the saving provision in 11 USC § 522(b),
which 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)"?
Probably not. In re Brooks, 393 B.R. 80 (Bankr. M.D. Pa. 2008)
(Debtor who was not Maryland resident could not use those
Maryland exemptions that were limited to use by residents and
could not use the federal exemptions under the saving
provision in 11 U.S.C. § 522(b)(3)(C) which applies only when
none, not some, of the state exemptions are available to the
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