Chapter 13 Statement of Current Monthly Income: Residence Questio

[waltercheryl]

If you are domicled in in DC and your residence is in DC but you own four rental properties (all rentals are being surrendered in BK) in Maryland, I understand that you can file your chapter 13 in Maryland because venue is based on the rental properties located in the state.

Question: When it comes to the Chapter 13 Statement of Current Monthly Income, do you use DC exemptions (state where you reside) or Mayland Exemptions (state where case is filed)?

[lrprn]

Your bankruptcy petition is filed based on the county of your legal residency. It doesn't matter where your rental properties are located.

If you have lived in DC for at least the last 730 days (two years), then you can use DC exemptions or the Federal exemptions when you file.

Your questions lead me to wonder if you are considering trying to file a Ch 13 on your own? With rental properties involved, you need to retain a very experienced bk attorney to help you sort out what's going to work out best for you in the long run and be sure to protect your interests. Most bk lawyers have free initial consultations. You should interview at least 3-4 so if you haven't done so yet, set up those appointments now. Good luck!