QUESTION

Can I file bankruptcy if I have not lived in the state for six months continuously yet?

Asked on May 15th, 2015 on Bankruptcy - California
More details to this question:
Can I file for bankruptcy without six months of residency?
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10 ANSWERS

You need to live in the state for 91 days (the better part of 180 days).
Answered on May 19th, 2015 at 2:40 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Your residency requires only 91 days or more not 6 months.
Answered on May 18th, 2015 at 6:45 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You only need to live in a state for the greater part of the past 6 months ? or 91 days, to be eligible to file bankruptcy. If you have lived in more than two states during the last 6 months, you only need to live in your current home state longer than in any other state, at least during the past 6 months. I have seen folks who have lived in 4 states during the previous 6 months, so it can get complicated.
Answered on May 18th, 2015 at 5:06 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Yes, but you do not qualify to use the new state of residence exemptions. This may or may not negatively affect your case depending on the extent and value of your assets. Depending on which state you are coming from you may be required to either use your previous state's (if that is allowed) or federal exemptions. A bankruptcy attorney will typically perform an analysis to determine what exemptions are available to you, this can get a little tricky if you have moved around so legal representation might be very helpful.
Answered on May 18th, 2015 at 4:24 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The law is that you can file bankruptcy in the place where you have lived, owned most of your assets or had your place of business for the past 180 days. So if you have owned a house in Oklahoma for the past 5 years but have lived in Nebraska for 1 year and worked in Iowa for 1 year. You can file in either Oklahoma (the house is most of your assets), Nebraska (you lived there) or Iowa (your place of business). If you've moved within the 180 days, then it's where you lived, worked or had assets for the longest in the 180 days. This means if you moved from Michigan to Ohio 91 days ago, you would file in Ohio - because 91 days is more than half of the 180 days. As for living there continuously, the issue isn't where you're staying but where your "domicile" is. "Domicile" means the place that you have a presence and INTEND to live permanently. So, if you had a job in Michigan and lived in Michigan until 100 days ago then you quit the job in Michigan, got a job in Ohio and stayed in a hotel in Ohio during the week but spent weekends in Michigan with your kids until you sold your house last week,you would file in Ohio. Once you got to Ohio and started the new job, then you intended to make Ohio your home for the future, so Ohio is your domicile even though you spent time in Michigan.
Answered on May 15th, 2015 at 5:00 PM

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It depends on the circumstances. If you have lived in this state longer than in any other state within the past 180 days, you can probably file in the district where you now reside. To be conservative, be sure you have resided in your present state for at least 91 days. Find a skilled bankruptcy lawyer. They are almost always worth the investment. Good Luck.
Answered on May 15th, 2015 at 4:21 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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You can file in your prior jurisdiction. You must be a resident for at least 6 months before you can file in the jurisdiction where you currently reside.
Answered on May 15th, 2015 at 3:51 PM

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Debt Settlement Attorney serving Chicago, IL at Law Offices of Daniel J. Winter
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The rule is you have to live in a place for 90 days before filing in that state. Call an experienced bankruptcy attorney to discuss your situation and the best time to file.
Answered on May 15th, 2015 at 2:55 PM

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Deborah F. Bowinski
You must live where you file for longer than 90 days. Be careful, though, because you must still (most likely, anyway) use the exemption statutes for the state in which you lived previously.
Answered on May 15th, 2015 at 2:49 PM

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Yes, but you would have to file in the state in which you have resided for more time within the last 6 months.
Answered on May 15th, 2015 at 2:48 PM

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