Can burial plots taken in a bankruptcy in Florida if the plot is in NY

Yes, burial plots located in one state can be taken by the bankruptcy trustee, in a chapter 7 bankruptcy, if the debtor does not have the ability to cover the debts and there is no exemption that covers the asset in question. The fact that the asset, in this case burial plots, are located in another state has no bearing on the issue. Bankruptcy is federal law and is covered by all states in the country. So if you are property located in one state and file bankruptcy in another state, the property located in the state you are not filing and is still subject to the bankruptcy that you filed in your state of residence. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147