Bankruptcy: Residency Required for Virginia Poor Debtor's Exemption

     The Virginia Court of Appeals, in Davis v. Maloney, ruled that in order for a debtor to rely upon the Poor Debtor's exemption under Virginia Code §34-26, the debtor must be a Virginia resident. 

     Virginia Code §34-26 states that the exemption is available to "every householder." Virginia Code §34-1 defines "householder" as "any resident of Virginia." In Davis the evidence was clear that the debtor was a Pennsylvania resident at the time he sought the exemption. The Court reasoned that since Virginia Code §34-26 specifically states that its coverage extends to "every householder" and it does not include any other category of persons entitled to protection, residency in Virginia is a requirement for qualification for the exemption.