QUESTION

Which state do we file in?

Asked on Jun 20th, 2012 on Bankruptcy - Texas
More details to this question:
My husband and I have been separated for 4 years and upon separation he moved to another state. Now we both need to file for bankruptcy. We would like to do it jointly to save money and paperwork. Which state do we file in? He lives in Nevada and I in California.
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4 ANSWERS

You can only file in the state where you live, so each would have to file in a different state.
Answered on Jun 30th, 2012 at 12:29 AM

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You can choose whichever state is best. (This is actually really common.) Different states have different rules regarding exempt property. One of you may be better able to travel easily. The legal fees might be more in one place than another. Just depends also on which one finds a lawyer he/she likes first. Personally I like California better than Nevada but, then again, that is part of why I live here.
Answered on Jun 29th, 2012 at 10:14 PM

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You are required to file bankruptcy in the jurisdiction where you have lived the majority of the previous 180 days. If you are separated and live in different states you probably should file separately.
Answered on Jun 29th, 2012 at 6:39 PM

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You should probably file in the state where all your assets are located.
Answered on Jun 29th, 2012 at 4:07 PM

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