Do I need residency in order to take required credit courses?

Question

Just moved to a different state.  Do I need to establish residency in that state in order to take the credit courses and apply for chapter 7 bankruptcy?

Daniel James Wilson · Answer

No.

Austin Hirschhorn · Answer

You need to meet the residency requirement of 180 days in the state where the bankruptcy case is filed and need to take a credit counseling course from a provider that is authorized by the US Trustee's office in  that state.  After the initial meeting with your creditors you will also have to complete a credit management course to be eligible for a discharge as well as completing all the required filings required by the bankruptcy code and rules.

Edward Olson · Answer

You are required to reside within a particular district 180 days before you file for bankruptcy in that district.  You are also required to take the credit counselling course prior to filing.  But there is no residency requirement for taking the course.

Nancy Harkess · Answer

Whichever state you've spent most of the previous six months in is the one where you declare bankruptcy.  It's a good idea to compare the median income and exemption laws of the states in which you have lived to determine which state would be the best place in which to file.

Burton J. Green · Answer

You do not need residency to take the credit counseling class.   However,  in order to file for chapter 7 you need to be domiciled in the  bankruptcy  district you will file in for the greater portion of the previous 180  days.

William Rubendall · Answer

You can take the required credit counseling course in any state without regard  to residency.

Harry Roth · Answer

You need to have lived in the federal district (there are 4 in California) for 91 days before you can file for bankruptcy in the new district.? If you crossed a state line, you changed districts as well as states. You could still file for bankruptcy in your old state and district until you meet the California residency time.  You may take the pre-filing class at any time.  Be sure the provider from which you take the class is an authorized provider for the district in which you plan to file.  The class is good for no more than 6 months.

Jeffrey Solomon · Answer

You need to be a resident for 90 days to file in your new state.  There are other issues such as which state's exemptions law will apply to you, so you do need to consult an attorney.

Phong Thanh Tran · Answer

To file in the district in which you live, you must have lived there for at least 91 days.

Jeremy Shephard · Answer

You need to be somewhere for 90 days to establish residency.

Diann Moseley · Answer

No.  When you take the class, let the counselor know what state your bankruptcy case will be filed and the certificate will be issued for that state.

Lorena Saedi · Answer

28 USC Section 1408: The debtor must have resided in the state where the bankruptcy is filed for the 90 days preceding the filing.  If the debtor has not resided in the state that long, the debtor must file in the state where he or she has resided, or has had his or her principal place of business or which has been the location of his or her principal assets for the majority of the last 180 days. You could go ahead and take the counseling course since those certificate are good for 6 months.

Kenneth Parker · Answer

The residency requirement is the better part of 6 months, so if you have lived in your state for at least 3 months, you should be able to file in your new state. You should be able to take the credit course anytime within 180 days of filing and there is no residency requirement needed to take the course.  Keep in mind that although you may be able to file in your new state, the exemptions you can take may vary, so check with a bankruptcy attorney.

Morgan Baxter · Answer

I do not believe you need to establish residency to take the required credit courses to file for bankruptcy. You can look at debtorwise, or some other course provider to make sure.

Robert De Groot · Answer

You have to be a resident of the state for 180 days, basically. The credit course to file needs to be less than six months old when you file. So, establish the residency, then contact an approved consumer credit counseling agency.

Steven Alpers · Answer

You should be in the state for 6 months to file for bankruptcy unless there was an emergency such as domestic violence which caused you to move.

George Gingo · Answer

Residency of 91 days is required to file a bankruptcy in the new state. However, in order to take advantage of that states exemptions you may have to reside there a lot longer. Contact a bankruptcy attorney in your state. In Florida its 1230 days - or thereabouts.

Diane Drain · Answer

No.  Please understand that filing for bankruptcy is a very complicated process.  It is wise to talk to an experienced bankruptcy attorney in the state where you live before deciding to take this important step.  Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.

John Schleiffarth · Answer

Where you can file bankruptcy depends on several factors, but most likely once you have lived in a state for more than 90 days you become eligible to file bankruptcy in that state. You should consult with a local bankruptcy attorney.

Glenn Roethler · Answer

You need to be a resident of the state that you will be filing in for more than 45 days in order to file in that state.  This creates many complications because of which exemptions you are allowed to use.  However, the credit course has nothing to do with residency and is generally done on the internet.

Roger Bus · Answer

Most states, like Michigan, require you to live in the filing state for the previous 90 days. Longer requirements in Florida.

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Do I need residency in order to take required credit courses?

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