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