Virginia has opted out of the federal exemptions for all debtors,
regardless of residency. “No individual may exempt from the
property of the estate in any bankruptcy proceeding the
property specified in subsection (d) of § 522 of the Bankruptcy
Reform Act (Public Law 95-598), except as may otherwise be
expressly permitted under this title.” Va. Code Ann. § 34-3.1.
In re Capelli, 518 B.R. 873 (Bankr.N.D.W.V. 2014) (Virginia's
opt-out applies to resident and non-resident debtors).
As nonresidents are not eligible to use the state exemptions
either, they will use 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).”
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