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"Ohio Bankruptcy Exemptions"
State statutes list specific property which is exempt from seizure in Ohio bankruptcy cases. In 16 states, residents are
allowed to select either state or federal exemptions provided by 11 U.S.C. 522. In all other states and
jurisdictions, debtors are limited to state exemptions only.
| 11 U.S.C. §522 allows an individual debtor may exempt from property of the estate "(A)
any property that is exempt under Federal law, other than subsection (d) of this section, or State or local
law that is applicable on the date of the filing of the petition at the place in which the debtor's domicile
has been located for the 180 days immediately preceding the date of the filing of the petition, or for a
longer portion of such 180-day period than in any other place; and (B) any interest in property in which
the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety
or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt
from process under applicable nonbankruptcy law." |
Most Courts across the county, including Ohio bankruptcy Courts, require all cases to be filed
electronically. Electronic filing includes online submission and filing by diskette at the clerk's office. On
03-15-04 the Ohio Bankruptcy Court for the Northern District issued the following order: "Notice to Attorneys
Concerning Paper Filings: Any Attorney wishing to file a new petition or other document on paper, under
circumstances that are not governed by one of the exceptions to mandatory electronic case filing set forth in
Amended General Order 03-1, shall initially file a motion for leave to file on paper. The motion, which may be
filed via the mail or over the counter, shall be accompanied by an affidavit and proposed order. The affidavit
shall set forth the specific reasons that the filing cannot be made electronically."
Back to Ohio Bankruptcy Court words & phrases table.
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