Ky. Rev. Stat. » Chapter 427

Ky. Rev. Stat. § 427.170

Federal bankruptcy code exemptions applicable in Kentucky

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Solely for the purpose of applying the provisions of 11 U.S.C. sec. 522(b)(2) in a federal bankruptcy proceeding and only to the extent otherwise allowed by applicable federal law, an individual debtor domiciled in this state is authorized to exempt from property of said debtor's bankruptcy estate the property specified under 11 U.S.C. sec. 522(d). Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 155, sec. 7, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 141, sec. 1, effective June 20, 2005. -- Created 1980 Ky. Acts ch. 236, sec. 10, effective April 9, 1980.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1982–2022 · leading case: MPM Financial Group, Inc. v. Morton
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MPM Financial Group, Inc. v. Morton (2009) ky · cites it 28× “This case is before this Court on a grant of discretionary review to determine whether KRS 427.170, which incorporates by reference the federal bankruptcy exemptions of 11 U.”
In Re Lawson (1984) kyeb · cites it 2× “One of the provisions of this chapter, KRS Chapter 427 entitled “Exemptions,” is the opt-out provision appearing as KRS 427.170 which denies to individual debtors domiciled in Kentucky the right to claim exemptions under section 522(d) of the Bankruptcy Code.”
Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. Nuckolls (1985) ca4 “1984); Ky.Rev.Stat.Ann. § 427.170 (Baldwin Supp.”
In Re Wright (1983) kywb “In 1980, pursuant to KRS 427.170, Kentucky “opted-out” and declared that the federal exemptions are inapplicable in this state.”
In Re Lynch (1995) kyeb “KRS 427.170. The applicable Kentucky homestead exemption statute provides: 427.”
Cottrell v. Schilling (In Re Cottrell) (1987) kywd “KRS 427.170. The debtors also contend that because the trustee manages the estate funds for *47 the benefit of creditors, the interests of the debtors and the trustee conflict, precluding the employment of the trustee’s law firm without the debtors’ consent.”
In Re Powell (1994) kyeb “KRS 427.170. Kentucky’s homestead exemption is set out at KRS 427.”
Fraley v. Commercial Credit (1995) kywd “§ 427.170. 2 . Debtors claimed exemption for these items under K.”
In re Brumbaugh (2000) kywb “See KRS 427.170. Therefore, debtors residing in Kentucky may claim an exemption in 1) property that is exempt under State or local law where they have been domiciled for 180 days preceding the petition, and 2) any *607 interest in property in which the debtor had, immediately…”
Norman Radtke v. Ernest Eggers (2021) kyctapp · cites it 3× “In MPM Financial, the court considered: (1) whether provisions of KRS 427.170, which incorporate by reference the federal bankruptcy exemptions established by federal statute, apply only to judgment debtors in bankruptcy; or (2) whether the provisions render the federal…”
In re T L G Computing Services, Inc. (1982) kywd · cites it 2× “Similarly, new section 427.170 applies to “an individual debtor.”
Kathy Ellen Richards (2022) kywb “2009) (in 2005, “the [Kentucky] legislature passed a revision of KRS 427.170 which simply deleted the word ‘not’ from the statute, thereby converting Kentucky from an ‘opt-out’ state to an ‘opt-in’ state with respect to the exemptions provided by 11 U.”
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