QUESTION
Can I file bankruptcy in another state if I move?
Asked on Feb 28th, 2013 on Bankruptcy - North Carolina
More details to this question:
Planning on moving next month, then I need to file bankruptcy. Do I have to live there a certain amount of time before I file? How do I know which chapter to file?
10 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You must live in the jurisdiction 3 months & 1 day, at a minimum. I'd consult a bankruptcy attorney in your current location to be certain filing in the new state is wise.
Answered on Mar 01st, 2013 at 11:32 PM
In order to file bankruptcy in a state, you must live there for at least 91 days. The exemptions available to protect your property must be those laws allowed in your former state, unless you wait two years to file. There are financial requirements to qualify to file any available Chapter in Bankruptcy, and the decision may be out of your hands. However, if you can qualify for either Chapter 7 or Chapter 13, the decision ought to be base on what goals you seek to accomplish in bankruptcy. This is why hiring an experienced attorney to represent you will be so useful.
Answered on Feb 28th, 2013 at 7:26 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You have to be a resident of the State you file in for 180 days.
Answered on Feb 28th, 2013 at 7:22 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You must check local rules to see how long you have to be a resident.
Answered on Feb 28th, 2013 at 7:13 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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The Venue rule is that you must file in the district where you lived the longest during the 180 days prior to the filing of the case (28 USC 1408). So proper venue would remain your prior residence until 91 days has passed after your move. Knowing which chapter to file under is something that hinges on many factors and sometimes comes down to personal preference once you understand what each chapter has to offer. It usually takes a consultation with an attorney anywhere from 15 minutes to an hour or so to cover all of the information necessary to understand which chapter, if any, would be best for you.
Answered on Feb 28th, 2013 at 7:08 PM
You can file a bankruptcy in your new state after you have lived there at least 91 days. As far as which Chapter you should file under, you should discuss this with your bankruptcy attorney. The various Chapters have differing eligibility requirements and can be used to accomplish varying objectives. Ultimately, which Chapter you file under will be determined by your goals and your financial circumstances.
Answered on Feb 28th, 2013 at 7:07 PM
Deborah F. Bowinski
You will have to wait until you have lives there for 90 days before filing in your new home state. And be careful because there will be special rules regarding which exemptions you may/must claim to protect some of your belongings. You should definitely retain an experienced attorney to assist you.
Answered on Feb 28th, 2013 at 7:06 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You need to live in the state where you are filing for at least 91 days. But, you will use the exemptions from the prior state so long as you lived there for more than 2 years. The chapter depends on what you need to accomplish, how much you earn and several other factors. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Feb 28th, 2013 at 7:04 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You must file in the district in which you have lived the majority of the past 180 days. For instance, if you move today and file bankruptcy within 30 days, you must file in the district that you moved from. If you wait 91 days, you can file in the district that you moved to. Also, with regard to exemptions, you will be using the exemptions of the state in which you resided for the past two years. You should seek legal counsel before you file to insure that your rights are protected.
Answered on Feb 28th, 2013 at 7:03 PM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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You need to be a resident for 90 days.
Answered on Feb 28th, 2013 at 7:03 PM