If I recently movedout of state, how I can file bankruptcy if I have not yet established residency in my new state?
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If I recently movedout of state, how I can file bankruptcy if I have not yet established residency in my new state?
I recently lived in 1 state for about 8 months after living in a few other states. I could not find a job in that state so I moved to back where I am from. However, I have not re-established residency as of yet because I am still looking for more than part-time work. What is the time frame after establishing residency that you can file for bankruptcy? And what constitutes residency in order to file bankruptcy? Is it possible to still file bankruptcy in the state that I just moved from?
Asked on March 5, 2012 under Bankruptcy Law, Kentucky
Answers:
Malcolm Ruthven / Malcolm Ruthven, Bankruptcy Attorney
Answered 12 years ago | Contributor
There are two issues here. One is where can you file bankruptcy. The other is what set of "exemptions" (things you get to protect from creditors) can you use.
If you don't yet have what you consider a permanent home (a domicile), then where you are actually living, your residence, is where you would file bankruptcy.
The 'exemption" issue requires more information and analysis by a bankruptcy attorney.
You'll do yourself a favor if you consult with a qualified bankruptcy attorney in your area.
Debbie Bowman / Bowman Law Office, PSC
Answered 12 years ago | Contributor
This is what is called a "jurisdictional" question, and the answer varies from state to state. It is possible to file for bankruptcy in one state and that state actually apply the laws of the state where you are in fact considered a resident. For example, I once represented a client who was in the military and did not meet the Indiana laws of residency, although he lived in Indiana. We filed his case in Indiana, and the court applied the laws of Wyoming, which was the last state in which he had established legal residency. Good Luck!
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