I am unemployed (unemployment ending in NY), losing my home in NY and cannot afford to pay my monthly bills. I have a fried in GA that I can stay with at no cost so will need to move asap, I feel my only choice is bankruptcy.
Once you are living in Georgia, you can file bankruptcy here. The only issue is that you may not be eligible for Georgia exemptions of property. However, unless you have equity in property or a high value of personal assets, this would not be an issue which would affect you.
Richard L. BlumenthalChapter 7 Bankruptcy AttorneyNewton, MA ·
Your GA aty will explain everything to you. You may have to be in GA 91 days before u can file there.
he will also plain what exemptions (NY, GA or Federal) that u r eligible for and what will be best.
we assume that the is no equity in the NY home so homestead and applicable law, on that point , is not relevant.
Why not file for Bankruptcy there, while you are still there? It adds complications (maybe minor, maybe not) when you move. If you are moving soon, you'll have to wait three months and you are still stuck with NY exemptions either way for quite a while. If you are going to be in NY another 2-3 months, see a lawyer there. If you are moving in the next few weeks, see a lawyer in your new area when you get settled.
So what's the rush? Bankruptcy isn't going to help you to pay your monthly bills (living expenses). If creditors are suing you now, so what! They can't grab your unemployment checks & you are losing your home so they can't take that either. More information at the links below. Hope this perspective helps!
You can file a Chapter 7 case in Georgia after you have lived in Georgia for 91 days. You would be required to use the federal exemptions, though, until you have been a Georgia resident for 2 years, according to 11 USC Section 522. Consult a local attorney once you move to Georgia.
