Are bankruptcy laws different in every state? 26 Answers as of June 13, 2011

Are bankruptcy laws different in every state? Or is it strictly a federal procedure?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
Bankruptcy law is based on both. The federal law controls the basics concepts of the bankruptcy, but your income and assets are based on State law and addresses exemption law and determined your means test which considers your actual income and expenses. Good luck.
Answer Applies to: Oregon
Replied: 6/13/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes, bankruptcy laws are federal and are generally the same in all states. However the state you live in will determine which exemptions you can use.
Answer Applies to: California
Replied: 6/10/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Bankruptcy law is federal, but utilizes state laws for certain aspects such as exemptions (which protects value in assets).
Answer Applies to: California
Replied: 6/10/2011
Law Office of Chirnese L. Liverpool
Law Office of Chirnese L. Liverpool | Chirnese Liverpool
Bankruptcy laws and exemptions can vary from state to state, so you should check to see which rules your state follows.
Answer Applies to: California
Replied: 6/10/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Federal Bankruptcy laws are not different in every state, however, local practice may differ. For example, State exemptions are different in every state and some forms may be required in one state and not another. Also, cost of living are different in every state which would affect the Means test.
Answer Applies to: New Hampshire
Replied: 6/10/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    The Bankruptcy Code (Title 11) is Federal Law, yet State statutes, Circuit case law, and district-specific local-rules are integral to the process. A major component of state law is exemptions or "what stuff can I keep?" A hot-topic issue that illustrates the federal and state intersection: can a joint petition be filed by a gay married-couple? Under Federal law, DOMA implies that the answer is unequivocally no. Yet state laws that permit gay marriage contradict that. There is ongoing contention in this gray area, and there is recent ruling that opens the door to a major shift.
    Answer Applies to: California
    Replied: 6/10/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Bankruptcy is federal law.Property exemptions may vary from state to state.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    The basis of the bankruptcy laws are all the same and are based upon title 11 of the United States Code. However, that being said, there are also local rules and procedures that are specific to each federal jurisdiction. In addition, each state is entitled to opt out of the federal exemptions and impose their own set of exemptions. Exemptions are the property that you are entitled to retain as part of the bankruptcy process. Bankruptcy is based upon Federal Law, but flavors of local jurisdiction rules and procedures.
    Answer Applies to: North Carolina
    Replied: 6/10/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy laws are the same everywhere, but the bankruptcy laws work with state law so the outcome will be different in each state.
    Answer Applies to: California
    Replied: 6/10/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    The BK code is federal but every state has different exemption amounts. Moreover, each District has it's own local rules.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Bankruptcy law is federal so it is the same in every state. However, the exemption statutes, which are a vital part of the out come of a bankruptcy, are different in each state.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    The bankruptcy laws are federal, but they look to the state exemption laws to determine what assets you are allowed to protect.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Bankruptcy is Federal law and much of it relies on State law as to exemptions, trustees, and judicial decisions.
    Answer Applies to: Virginia
    Replied: 6/10/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    While bankruptcy law is federal, it takes into account a large amount of state based law - so the answer to your questions, both of them, is yes.
    Answer Applies to: California
    Replied: 6/10/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Bankruptcy laws are not different in each state - bankruptcy law is federal. However, bankruptcy laws incorporate state property law which does differ in each state. Bankruptcy law also incorporate state laws relative to exemptions which are different in each state. Finally, bankruptcy law also incorporates procedural laws which vary somewhat from court to court even sometimes within the same state.
    Answer Applies to: Illinois
    Replied: 6/10/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Strictly federal as mandated by the US Constitution.
    Answer Applies to: California
    Replied: 6/9/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Bankruptcy is a federal law (Title 11 U.S. Code) but applicable exemptions of property are determined, in most cases, on a state by state basis and in some jurisdictions, federal exemptions under the bankruptcy code are applicable.
    Answer Applies to: Indiana
    Replied: 6/9/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Bankruptcy is federal law. State exemptions often apply, however.
    Answer Applies to: California
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, because states have the option of opting out of the federal exemptions. In that respect, it is a state specific type of law, but federal laws govern most aspects of this area of law. Also, filing requirements can vary based upon median income. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Bankruptcy exemption limits and local rules are different per state, however the general bankruptcy laws are based on Federal Law.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    State laws can affect bankruptcy issues but bankruptcy is regulated by federal law.
    Answer Applies to: California
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Bankruptcy is a federal statute. However, the outcome varies by state, as each state sets its own list of exemptions (what you can keep).
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Brian Walker Law Firm, P.C.
    Brian Walker Law Firm, P.C. | Brian Walker
    As a general rule, bankruptcy law is federal, however, the exemptions which are available for the various types of personal or real property and individual may have, may vary from state to state. For example, Washington state allows federal exemptions as well as state exemptions while Oregon allows only state exemptions. State exemptions are typically much more conservative than federal and vary significantly from state to state. Feel free to call me if you wish to discuss this further.
    Answer Applies to: Washington
    Replied: 6/9/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney