aagghhh!!! Another Question

[okiemom2008]

Hi again everyone. Another question....So Dh and I have been waiting to be in this state(KS) for 91 days to file. We are retaining the lawyer Monday here in Kansas.

Well we just found out we are moving February 1st to Oklahoma. We have a home in Oklahoma we are selling right now because we cannot use it as our homestead as we are going by TX bk and exemption laws(we lived there during the 2 year period) So we are selling it to someone within the month probably if lucky.

Well we have the appointment to retain the lawyer for 500.00 If we cancel it is 100.00 fee not to mention we cannot use him and then we have to wait 91 days after Feb 1st when we move back to Oklahoma. We cannot wait that long...the creditors are after us..the only car we have is about to get repo'd and we just need to file asap.

My question is ....what do we do? If we retain him Monday and then file February 1st..move to Oklahomas Feb 2nd...would that be fine as long as we drive back for the 341? Is there a law against moving??

This would be the easiest way to do it for us...but I really do not want to have to worry about transferring the case down there.

Thanks once again!

[justbroke]

Hi again everyone. Another question....So Dh and I have been waiting to be in this state(KS) for 91 days to file. We are retaining the lawyer Monday here in Kansas.

Well we just found out we are moving February 1st to Oklahoma. We have a home in Oklahoma we are selling right now because we cannot use it as our homestead as we are going by TX bk and exemption laws(we lived there during the 2 year period) So we are selling it to someone within the month probably if lucky.

Well we have the appointment to retain the lawyer for 500.00 If we cancel it is 100.00 fee not to mention we cannot use him and then we have to wait 91 days after Feb 1st when we move back to Oklahoma. We cannot wait that long...the creditors are after us..the only car we have is about to get repo'd and we just need to file asap.

My question is ....what do we do? If we retain him Monday and then file February 1st..move to Oklahomas Feb 2nd...would that be fine as long as we drive back for the 341? Is there a law against moving??

This would be the easiest way to do it for us...but I really do not want to have to worry about transferring the case down there.

Thanks once again!

I moved after my case was filed, albeit I was just in a different District within the same State.

I don't see anything wrong with this.

[okiemom2008]

Ok well my husband is just freaking out thinking that he is going to lose his job because we have to stay here and cannot move the day after we file. That would not be good so hopefully us moving will not be a huge deal. Thanks for putting my mind at ease. I think I am losing it...lol

[justbroke]

(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...

Also, see In re Gray, 2005 Bankr. LEXIS 311, *2 (Bankr. M.D. Ga. 2005) (venue may be established by (i) the debtor’s domicile, (ii) the debtor’s residence, (iii) the debtor’s principal place of business or (iv) the debtor’s principal assets in the United States.)

[okiemom2008]

In re Gray, 2005 Bankr. LEXIS 311, *2 (Bankr. M.D. Ga. 2005) (venue may be established by.)

Well I don't think I could use the Oklahoma homestead for the OK home because I only lived there from May to September. But we lived in Texas from August 2002-May 2008 and we have a home there we are letting go unless it sells for what we owe on it in the next month. Which I do not see happening. So confusing....!!!

[justbroke]

Well I don't think I could use the Oklahoma homestead for the OK home because I only lived there from May to September. But we lived in Texas from August 2002-May 2008 and we have a home there we are letting go unless it sells for what we owe on it in the next month. Which I do not see happening. So confusing....!!!

I wasn't listing it for homestead purposes, but for venue purposes. If that's your largest asset and you had it for 180+ days...

Anyhow, I was just wondering. I don't think you'll have any problems. WORSE case, is that the Trustee files a Motion to Determine Venue and you just move the Venue to Oklahoma. Or, you never say anything and just come back to Kansas for the 341, as you have planned.

To ease your DH's fears... the worse that could happen is a Motion to Determine Venue and you just have it moved to Oklahoma. Best case, is it just stays in Kansas and you have to drive to Kansas for your 341.

[okiemom2008]

I wasn't listing it for homestead purposes, but for venue purposes. If that's your largest asset and you had it for 180+ days...

Oh, I see...our biggest asset by far is the house in OK. I would love to keep it but it is in the middle of no-where so we really cannot live there. I think we will sell it before we evern file if were lucky.

Anyhow, I was just wondering. I don't think you'll have any problems. WORSE case, is that the Trustee files a Motion to Determine Venue and you just move the Venue to Oklahoma. Or, you never say anything and just come back to Kansas for the 341, as you have planned.


The only thing would be the mail..we would have to forward it and I guess they get that info also. It seems like it because when we forwarded our mail here from OK they credit cards somehow got our new address even though we never told them.
To ease your DH's fears... the worse that could happen is a Motion to Determine Venue and you just have it moved to Oklahoma. Best case, is it just stays in Kansas and you have to drive to Kansas for your 341.

What about the lawyer then? Would we have to pay another lawyer?



Also, would you go ahead and retain the lawyer and hope you dont lose that 500.00? It just seems that he does not do his research and I come on this forum and what he told me is wrong. But he is the best one out of the ones we "interviewed".

Thanks!

[justbroke]

As part of interviewing your lawyers, pose the same question you asked here. See if they've thought it out or just say "we'll see what happens when it happens". If they say that, then they have no clue.

Be up front about yoru intentions to move immediately. Ask them if the venue is appropriate (Kansas). Ask all the other questions you want to. Take notes.

[okiemom2008]

In re Gray, 2005 Bankr. LEXIS 311, *2 (Bankr. M.D. Ga. 2005) (venue may be established by.)

Bad news-The sale on the house fell through. We are still trying to sell it but have to have it done before the month is over with. I am going to talk to my lawyer about this...I really do not understand what is says exactly but even if it is vacant and we do not live there(lived there from may-sept.) we can still use it as homestead? That would be so awesome

[justbroke]

Bad news-The sale on the house fell through. We are still trying to sell it but have to have it done before the month is over with. I am going to talk to my lawyer about this...I really do not understand what is says exactly but even if it is vacant and we do not live there(lived there from may-sept.) we can still use it as homestead? That would be so awesome

That Gray case was only for venue, not for domicile. Domicile is a definition which means the place you have made your home or intend to return to after a long trip (away). Some States require you to declare a domicile.

Sorry to hear about the sale.

I changed domiciles during my case (after my 341) and before my confirmation. Caused some confusion but I made it through. However, I was intrastate.

[okiemom2008]

That Gray case was only for venue, not for domicile. Domicile is a definition which means the place you have made your home or intend to return to after a long trip (away). Some States require you to declare a domicile.

Sorry to hear about the sale.

I changed domiciles during my case (after my 341) and before my confirmation. Caused some confusion but I made it through. However, I was intrastate.

So since we are moving back to Oklahoma where the house is right after we file(the house is about 2 hours from where we are moving) would that work?

Thanks

[justbroke]

So since we are moving back to Oklahoma where the house is right after we file(the house is about 2 hours from where we are moving) would that work?

For it to be a homestead, you need to be living in it.

That's why I moved back into my primary residence, after having abandoned it 16 days prior to filing.

[okiemom2008]

For it to be a homestead, you need to be living in it.

That's why I moved back into my primary residence, after having abandoned it 16 days prior to filing.

Oh, I see. So basically I could move back into it while dh lives 2 hours away and it would be ok. Since we filed in Kansas(or are filing) I did not know if they would check to see if we were living there.