Filing BK in another state...anyone done this?

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I just talked to a lawyer this morning for California (where we currently reside) we moved from another state and in order to file in CA we have to reside here for another 5 mos. We would like to file ASAP, but would have to get a lawyer willing to do it in the state we moved here from. Has anyone done this and how did it work for you? Any input would be great.

Thanks!

[HHM]

Realize, if you file in your old state, you will have to travel to your old state for the 341 meeting.

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Well I just talked to two lawyers today, one said that we had to wait 6 mos after living here and the other said that it was 91 days. The other one though that said 91 days also said that they are licensed nationwide and that's why. I'm still looking into them more, but she basically said we are a slam dunk ch.7. Almost sounds too good to be true. I do know that we'd have to travel back to the other state, we just aren't in a position to wait 5 more months.

[SinkingFast]

We moved and realized about 5 months later BK was what we needed to do.

We were told the same thing. 6 months residency in the New State prior to filing. AND you have to use Old State's Exemptions.

Because of the move complications with New Law at the time we filed, that translated into a higher fee with attnys due to research of outa State Exemptions application.

[coma]

We filed and had to move fairly shortly after that. We were able to transfer our case from our old to our new state. It was given a new number, but everything was the same. I'm CH 13 old law, if that makes any difference

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I did find another link that said that you had to be in the new state 91 days. I am going to check around some more, but I wonder if it's because this place is licensed in all states?

[CindyLou]

The exact wording of the bK law is "the domicile of the majority of the last 180 days" which translates into 91 days. 91 days it the majority of 180 days 90 days is not!

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Okay, so as long as we are in California for 91 days we can file? I read that too, but my legal translation is a little slow and I'm not up on the BK laws so I wanted to make sure before I pursue anything right now. Thanks for posting that info!

[CindyLou]

here is some info that might apply although from another state it will apply to every state on this matter. the link is there for you reference.

"State of Domicile. Under the old version of the bankruptcy code, you were domiciled in Minnesota if you lived here for 91 days. BAPCPA extends this to 730 days, in other words about two years. This is clearly intended to limit one's ability to move from state to state for the purpose of finding better exemptions. If you were not living in any particular state during the last 730 days, THEN to establish your domicile we have to look at where you spent most of your time in the 180 days before that."

here is the link. It pertains to minnesota, but because BK law is federal it will apply to any state. read down the page and it give good info re: state of domicile.

http://www.mn-bankruptcy.com/housecar.html

[CindyLou]

and then the additional stuff applies to the expemption time limits.

[Bandit]

"State of Domicile. Under the old version of the bankruptcy code, you were domiciled in Minnesota if you lived here for 91 days. BAPCPA extends this to 730 days, in other words about two years. This is clearly intended to limit one's ability to move from state to state for the purpose of finding better exemptions. If you were not living in any particular state during the last 730 days, THEN to establish your domicile we have to look at where you spent most of your time in the 180 days before that."

Do you think this is why they are allowing such HUGE differences in exemptions from state to state? To keep people from moving just to file for a higher exemption?

I mean, I am not just looking at 1 or 2 thousand dollar differences but 10 and 20 thousand dollar differences, that, if someone was wise enough or wealthy enough to relocate they would do WAY better in some states, even if it were just a part time residency and a temporary stay.

I just cannot understand the huge differences under the law from state to state. At least it is not making sense to me just yet.

[JollyGG]

Do you think this is why they are allowing such HUGE differences in exemptions from state to state? To keep people from moving just to file for a higher exemption?

I mean, I am not just looking at 1 or 2 thousand dollar differences but 10 and 20 thousand dollar differences, that, if someone was wise enough or wealthy enough to relocate they would do WAY better in some states, even if it were just a part time residency and a temporary stay.

I just cannot understand the huge differences under the law from state to state. At least it is not making sense to me just yet.

A little bit of the difference has to do with the populations that live in that state. The exemptions would logically be different in a rural state then in a more populas state.
For example Texas and South Dakota and a few other states have an unlimited homestead exemption. That is supposed to reflect the fact that there is a large population living on family farms and is a effort to preserve those farms. Afterall a farmers home is also his employment and farmers are rather vulnerable to declaring bankruptcy as their livelyhood is threatened by pests, weather, ect. Additionally in SD our exemptiojns still clearly exempt a certain number of farm animals.
However here in SD our other exemptions kinda suck.
But I agree some states are really really stingy in their exemptions.

[Bandit]

A little bit of the difference has to do with the populations that live in that state. The exemptions would logically be different in a rural state then in a more populas state.
For example Texas and South Dakota and a few other states have an unlimited homestead exemption. That is supposed to reflect the fact that there is a large population living on family farms and is a effort to preserve those farms. Afterall a farmers home is also his employment and farmers are rather vulnerable to declaring bankruptcy as their livelyhood is threatened by pests, weather, ect. Additionally in SD our exemptiojns still clearly exempt a certain number of farm animals.
However here in SD our other exemptions kinda suck.
But I agree some states are really really stingy in their exemptions.

Aren't some of them stingy though? I forget what state it was but they only offered 700 bucks for a motor vehicle exemption. That was absurd to me. I suppose on rare occasions someone could get a decent vehicle for $700. My thought was on the fresh start philosophy and how can they exepect a fresh start if they intend on taking certain things.

I relate to that example you gave very well especially when the home and business are the same such as farming. Though I was a bit suprized to see unlimited homestead exemptions in one place, 125,000 where houses are cheaper in another state and say only 7,500 in another where a house cannot be bought or even sold for under 50,000 & they have to know this is impossible.
What parts of that is intentional is what I am questioning.

Getting out of debt yet being totally broke afterward & having to buy everything all over again is probably rare, where if it is possible a move to another state might be the best option, that is, if a fresh start is what is supposed to happen and if one state is going to put us deeper in the hole after BK. I am not saying to do this, I am just trying to figure out their logic from different points of view.

This is complicated for me. Even though I do not have this problem, it hurts just thinking about it.

Do you think they use an average wage/income for certain states and base any of it on that?

JollyGG, I did a massive research on crime a couple of years ago and how that varies from state to state and region to region and was very suprized at the statistics. It was a complicated task but my end results and conclusions actually agreed with the FBI.
These varying exemptions will be an interesting study over the course of the winter. Thank you for the input and example on homestead.

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Okay, just so that everyone reading this doesn't think I'm a moron...I actually am a little bit of a legal moron, but just got out of surgery two days ago and am a little foggy, but still having to talk with lawyers. I am getting different answers from two different attorneys. Can someone just tell me here in plain english is it 91 days from anyone's understanding, or 6 months for filing in another state. I read the cut and pasted post above and thank you cindylynnsmith for that. I did read that, but literally, I am so foggy right now and I have these two lawyers calling here and neither of them are giving me straight answers. Tomorrow when I'm less foggy, I'll call someone else, but in the meantime I'm just trying to figure out where we stand in filing (days wise) before it drives me nuts. Thanks for everyone's replies!

[Bandit]

Tomorrow when I'm less foggy, I'll call someone else, but in the meantime I'm just trying to figure out where we stand in filing (days wise) before it drives me nuts. Thanks for everyone's replies!

Hi ad_25

That is all it is. Fog. The fog will lift as it always does. This place knows a lot, a WHOLE LOT but not always the correct/absolute answer for every situation. If the two attorneys are not sure because they are not sure how to interpret it or have never dealt with that and someone here has not done it recently and moved to the same place, then I would go right ahead and call a couple more places and keep asking the same question until it makes sense. 90 days, 91 days or 180 days. Which is it

Timing is very important and that is not a moron question at all. Keep searching the web under different law offices too using different wording and you may even find a better interpretation of those days for timing. I noticed different attorneys word things differently and finally one will make sense that brings them all together.

I am sorry I do not know the answer but I found the situation well worth following through in many ways.