Bankruptcy Question: Where to file?

Discussion in 'Credit Talk' started by Kitty14323, Aug 7, 2012.

  1. Kitty14323

    Kitty14323 New Member

    I've been looking into filling for Ch. 7 bankruptcy, but I'm not sure where to file since I'll be moving out of the state in a few days. I read something that said you need to file in the state which you lived for the past 180 days. While this makes perfect sense to me, I don't understand how I'd be able to attend my 341 creditor meeting if I'm living in another state and have no method of transportation...

    Has anyone here experienced this?
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    This is the type of question you really should run by an experienced BK attorney. I'm not an attorney, but based upon what I know about this subject I believe you can file in the state you're moving to as well. You're supposed to have lived there for at least 91 days, not 180 days, so you might just need to begin the paperwork and wait about 3 months. That said, your new state's BK laws could be less favorable too, so you need to explore how that might affect you too. There are just a lot of different things to consider here, so I would highly recommend having a brief conversation with a BK attorney in your area who knows the laws that would apply to you.
  3. Heather L

    Heather L Well-Known Member

    I agree with Josh, you should at least talk with an attorney about which state you need to file in. I spoke with an attorney a few years back about bankruptcy. I learned so much in just the one brief meeting. Thanks! Heather with BoostMyScore.NET
  4. lawdog2012

    lawdog2012 Member

    Their concern is that you are moving to take advantage of the new state's exemption law. Usually you get to choose, either the fed exemption or the state. You MAY be able to file now, move, and inform the court that you do not intend to invoke the exemption law of your new residence.

    Be advised that BK is not automatic, you are asking permission to file BK. It can also be a very expensive procedure, a poster on another board I participate in got a $41,000 bill from her lawyer, which of course was not dischargeable in the BK he filed for her. She could not file for another 7 years and got hit with a judgment. What's the point.
  5. Heather L

    Heather L Well-Known Member

    Wow! I have never heard of someone being charged $41,000 to file bankruptcy. I know chapter 7 is usually a couple thousand and if you file a chapter 13 you can pay your attorney in your payment plan with a small down payment. That must have been an usually case or something else happened. Bankruptcy isn't for everyone but if you are up over your head in debt and there is no way your can possibly pay it down it can be the way to start over. Thanks! Heather with BoostMyScore.NET
  6. lawdog2012

    lawdog2012 Member

    There were some complications, one of the creditors fought tooth and nail to exclude their debt from the BK. Best way to avoid surprises is to get a fee agreement.

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