Well...what else can go wrong

[Geeznowwhat]

Ok..I have to move out of state. Good grief. I have no choice

I filed a short time ago. The 341 has not happened yet. I can wait the week till then....but... I cannot stay here much past the point

Now what? Will my case be dismissed? Will my case be transferred? Good grief. I figure that I will probably have 90-120 days after the 341 because the trustee will have to decide to abandon or pursue. I cannot stay here to wait. I have no where to live and no money to pay for rent. I have to go to my daughter in. Boston.

What happens ?

[LadyInTheRed]

I don't think it will be an issue as long as you can attend the 341. All that matters is that the state you filed in and the exemptions you used were correct on the date you filed. Just let your attorney know about the move and stay in contact with your attorney after the move.

[LadyInTheRed]

I just looked at prior posts and see that you filed pro se. If you don't post in the pro-se forum, you should include that information in your post so people don't assume you have an attorney to rely on. Don't expect people to remember you are a pro se filer.

You are in Colorado, right? Check your court website. There is a change of address form that you should file when you move. Check local rules to find out if you are required to serve notice of your change of address on anyone. If you aren't, find out if the court clerk will serve notice on anybody. You want to make sure the trustee gets notice of your new address, one way or another.

I suggest you get a PACER account if you don't already have one so that you can monitor your case and react as quickly as possible to anything you need to. Hopefully, you won't be required to attend any hearings.

Your real issue is logistics. Moving is not a reason to dismiss or transfer a case. If you had moved before you filed, but filed within 180 days after moving, you would have had to file in the state you moved from.

[bcohen]

I Your real issue is logistics. Moving is not a reason to dismiss or transfer a case. If you had moved before you filed, but filed within 180 days after moving, you would have had to file in the state you moved from.

This is not true, and if it were true would cause significant economic hardship for people who need to file but cannot afford to travel to their previous state of residence. The only concern about moving to a different state before filing involves exemptions if one state offers better exemptions than the other.

Please see the following article from Nolo.com.

http://www.nolo.com/legal-encyclopedia/file-bankruptcy-now-after-moving-new-state.html

[LadyInTheRed]

This is not true, and if it were true would cause significant economic hardship for people who need to file but cannot afford to travel to their previous state of residence. The only concern about moving to a different state before filing involves exemptions if one state offers better exemptions than the other.
Please see the following article from Nolo.com.
http://www.nolo.com/legal-encycloped...new-state.html

I did get it slightly wrong. You file where you lived the longest portion of the last 180 days. This is to avoid somebody moving only to take advantage of more favorable exemptions.

Also from Nolo:

What if I Recently Moved?
If you moved within the last 180 days, the proper place to file your bankruptcy case is the location where you lived for the greater part of the 180 days. For example, if you lived in California for the last few years, but moved to Arizona two months ago, California is still the proper location for your bankruptcy because it was where you lived for 120 days of the 180 day period before the filing.

http://www.bkforum.com/forum/before-...e-can-go-wrong

As mentioned on that page, you can also file where the majority of your assets are located.

We could also go directly to the Bankruptcy Code:

28 U.S. Code § 1408

Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district—
(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or
(2) in which there is pending a case under title 11 concerning such person’s affiliate, general partner, or partnership.

https://www.law.cornell.edu/uscode/text/28/1408

If somebody cannot afford to travel, then they need to wait to file. Waiting for 90 days is not a huge hardship, especially if you don't notify creditors of your new address.

[Geeznowwhat]

This just seems to get more difficult all the time.

I really do not expect to be in the Boston area longer than about 4 months. If I had waited, then I would have the same problem just 2 other states.

Makes me wonder how nomads handle this. Never in one place long enough. And for some people totally down and out...90 days would be spent living in their car. A real hardship.

I guess, once you dig your way through all the pile of paperwork and finally file (that takes months all by itself), you just grit your teeth and do what you must

[bcohen]

Since the purpose of bankruptcy is to protect one's income and/or assets from creditors, there are situations where one can be too poor to benefit from filing. If you have no wages to garnish, no funds in the bank to levy, and no lienable property, then what were you hoping to accomplish by filing? I realize you have already filed, and are now concerned with finding somewhere to live until the 341 meeting.

[Geeznowwhat]

bcohen. I am sorry to be so late to reply to this. I have been very distracted by all that has happened.

Let me ask you a question....does the fact that someone is judgement proof mean that they will always be judgement proof? I have 2 judgements against me. Both of them were renewed after falling off my credit. They can remain haunting me for the rest of my life. So..when I get a job...presto, they come to life and I get a garnishment. I inherit my parents house...presto, a lien appears. These are judgements are already handed down by the courts. With 2 more in the pipeline at the time I filed.

So....isn't it better to file when you have nothing? You have nothing to lose. Why wait till you are on the road back up? Then you face more difficulty trying to recover if you are dragging all those judgements with you

Am I wrong?

[justbroke]

Geeznowwhat, not to interrupt bcohen response, but in most States, a judgment can be renewed twice making it last 20 years. I also must mention that no one is really "judgement" proof. A judgment can be entered against any party or entity that has breached a contract. People can, however, be "collection" proof, meaning that the judgment creditor has no way to levy upon the person's assets in order to recover their money judgment.

The things you mention are why you are not collection proof. As soon as you have assets -- inherited or earned -- AND if a diligent judgment creditor keeps checking on assets, then they can proceed to collect. It's that simple.

You are not wrong for thinking about what's wrong with cutting off judgments, but you must remember that we think of Chapter 7 as a bazooka or the "nuclear" option. Once you use it, you can't do it again for 8 years. That's why we say that if you are in the latter portion of your life and have medical debt or expect medical debt within 8 years, why use the (once-every-eight-years) bazooka now? Of course there are so many individual exceptions and concerns that this will always remain a very fact-specific choice.