Do we have to go back to the state our home is to file bankrupcy?

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Do we have to go back to the state our home is to file bankrupcy?

Our home is in Illinois. We lost jobs in the auto industry. With no job prospects in IL, we are now in temporary housing in Wisconsin.  Do we have to return to IL to file bankruptcy?

Asked on June 11, 2009 under Bankruptcy Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

You may not have to physically return to file.  Every state is different. You may not have residency where you are, so you may have to file where you have your home if that is where a majority of your stuff is that you are trying to discharge.

 

Consult with a bankruptcy attorney (don't go at this alone) in both Wisconsin and Illinois.  Try Illinois first.   Try www.attorneypages.com and then check his or her record at the Illinois State Bar.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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