When moving to a different state where should bankruptcy be field?

The answer is different if you only lived in the state that you are moving from. If three states are involved, you file in the state that you have lived the most out of the three states in the past 180 days. If only two states are involved, once you have lived in the new state for 91 days you file in the new state. If you have lived in the new state less than 90 days, then you file in the old state.

I agree with the previous answer. The easiest way to think about this is when you move to a new state you must be there for 91 days prior to filing. Most filers want to file in the state that they are living in to avoid the expense of traveling back to the previous state for 341 meetings and hearings.

I agree with my colleagues. Keep in mind that different states have different exemptions (protections for your assets), and some states are far more generous than others. So assets that would be protected if you filed in one state, may not necessarily be protected in another state. I suggest you speak with a bankruptcy attorney (in your current state, in the state where you will be relocating, or both) to provide you with your options. Good luck!

As Ms. Mestre noted, there are two separate-- but related-- issues here. (1) Where do I file? (2) Which state's exemptions do I use? Note that these 2 issues have separate rules that apply to them.

The bankruptcy should be filed in the state that you resided within the last 180 days. If you have moved and are now a resident in the new state for the greater part of 180 days, then you will want to file in the new state.