Thursday, May 15, 2008

Extraterritorial Application of 180 day Period State, Domicile

In re Bingham, 2008 WL 186277 (Bkrtcy.D.Kan.), sold Texas home and purchased home in Missouri and arrived on about June 25, 2004. One March 30, 2006 sold Missouri home and moved to Kansas. On May 31, 2006 purchased home in Kansas. Filed chapter 7 on October 2, 2006.

Not clear whether spent majority of time in Texas or Missouri during the 180 day period. Domicile is physical presence with intent to remain permanently. Factors.

If Texas exemptions apply, apparently Texas homestead exemption does not apply extraterritorially. Would need to use federal homestead exemption. Section requires state's exemptions law be applied not state's exemptions. Distinction between exemptions and exemption law. Exemption law include's state's prohibitions against extraterritorial effect.

Missouri statutes and case law are silent on issue of extraterritoriality.
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