Since I have not been living in my new home state for 180 days, I cannot file bankruptcy there. Can I still file bankruptcy in my old state where I resided for over ten years before I moved here?
It depends on the Bankruptcy laws in your state. Since you are now living in Florida, you may want to consider filing here since Florida's bankruptcy laws are very much in debtors' favor. There is, however, a residency requirement in order to be protected under the homestead bankruptcy exemption in Florida. If you can hold off for another year and a half, you should receive the full benefit of filing bankruptcy in Florida. Consult with a bankruptcy attorney to get a compelte analysis of your situation.
Good Luck!
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
The law for where you file is where you have resided for the longest period of the last 180 days. So, if you have only been in two states, its where you spent over 90 days at. If you have been moving between states it may be less than 90 days. Of course, you can just wait until you have lived 90 days in the new state before you file. You should consult an attorney as soon as possible, and they can help you with recommending the timing of the filing of your case.
The location where you file is less important under the 2005 amendments. Under this law, the state you file in is most relevant simply for where you go to court for the initial meeting. The state law that applies is the state where you have resided for the last 1215 days, or if you have not been in the same state for 1215 days it is where you resided for most of the six months ending 1215 days before the bankruptcy was filed. Even this can get more complicated if the applicable state law might not allow its law to be used to keep items that are not located in that state, in which case Federal law would again apply.
This all goes to show how complicated bankruptcy can be and why it is so important to hire an attorney specializing in bankruptcy with the time and experience to help you.
The jurisdictional statute applicable to bankruptcy filings states that you must file where you have lived for the majority of the last 180 days. So, 91 days after you move to a new state you CAN file. Doesn't mean all of the timing issues mean you SHOULD file then.
Do not file a bankruptcy yourself. Retain an attorney in your jurisdiction to guide you through the legal and procedural complexities.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Generally you have to file in the state where you have spent more than half of the last 180 days. Changing states may also effect the nature and extent of the exemptions you may be able to declare. See a bankrutpcy lawyer in your area. Few bankrutpcy filing really need to be rushed but you shouild check out your options asap.
