Residency Laws

[Nxhawke]

Looking at filing Chapter 7. I currently live in WI, have lived here a year and 9 months. We will be moving back to MN soon. My question is how long after moving do I have to wait after moving to file. I am hoping to file under MN law and not effect my wife's credit.
I am also looking at putting my house up for sale. Anyone know how that complicates things. I have yet to talk to a MN BK attorney, waiting on a call back.

[leonel9]

If you move to a new state and file within 2 years of moving, you will be able to file at the new state's courthouse so long as you have been a resident of the new state for 91 days.

You will have to use your old state's exemption list, however.

I would recommend discussing your plan with a bankruptcy attorney now. If you are married and not filing together, there could be a lot of unintended consequences by not thoroughly researching this. For example, you currently live in a Community Property state.

If the recommendation is to file today, you may be using yet another state's exemption list. This is because you have not been in Wisconsin continuously for the past two years. Check out Nolo.com's page on this topic.

You have the opportunity to review which state's exemption list is better for you. But again, your best bet is to speak with an attorney, especially since you do not plan to file with your wife.

Selling your house generally is not a bad thing, assuming it's an arms length transaction and you received fair market value. How you use the proceeds will likely be a question asked by the trustee if you receive proceeds then file shortly thereafter.