Can I double federal exemptions by joint filing? How? 10 Answers as of May 25, 2015

I am filing for a Chapter 7 bankruptcy. Can I double federal exemptions by joint filing?

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Ronald K. Nims LLC | Ronald K. Nims
You can only double the exemptions on property that is jointly owned. For example, if you're the sole owner of your house, then your spouse's homestead exemption won't apply. But if you and your spouse are joint owners, you get both exemptions. This is pretty much only an issue with things with legal titles, like houses, motor vehicles, bank accounts, pension plans, etc. Things without titles (furniture, appliances, jewelry) are usually automatically treated as jointly owned and the exemption doubles because there's two of you. The obvious question is whether you qualify for the Federal exemptions, most states require that you use state exemptions
Answer Applies to: Ohio
Replied: 5/25/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
This is posted in California. California doesn't use federal exemptions except for situations where the debtor cannot use either CA or a different state exemptions. Generally speaking, you cannot double up. Claiming exemptions is just one of the critical schedules in a bankruptcy petition. Messing this up could result in loss of property. Hiring an attorney to fix an already filed case will not only cost more but may prove difficult as many attorneys don't want to step into an existing problematic case to attempt damage mitigation.
Answer Applies to: California
Replied: 5/21/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. So long as you live in a state which permits use of the federal exemptions.
Answer Applies to: Wisconsin
Replied: 5/20/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Exemptions are applied per person.
Answer Applies to: Colorado
Replied: 5/20/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can file joint with your spouse only and yes your exemptions double generally but you should ask your attorney for details regarding your specific case
Answer Applies to: New York
Replied: 5/20/2015
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