Residency requirements

[vb1962]

I have spoken to a couple attorneys about this, but I am confused and I don't think they are understanding what I am asking so I will try here.

How long must you live in a state to file bankruptcy in that state and use their local expenses for the means test? I don't care about exemptions because I have no home and a car I am upside down on and just a little household stuff.

Moving across the state line from Missouri to Kansas allows $335 more a month for rent and that will make the difference in passing the means test. Living in Kansas and paying $950 rent will hurt when Missouri only allows $780 for rent and Kansas allows $1115 I believe where I live.

I don't understand the "majority of 180 days rule" and the "2 year rule the lawyers talk about and they keep bringing up exemptions.

Help, please and thanks!

[HHM]

That is an interesting parsing of the issue.

Venue: which simply means which BK court would you file in is the "greater of 180 day rule" So, if you are in KS for 91 days, you would "file" your case in KS Bankruptcy court.

Exemptions: To prevent forum shopping (in reality, a phantom concer), congress created the rule that you cannot use a state's exemptions unless you lived their for 2 years.

In your case, I am not aware of any rule that limits your ability to use Regional expenses. So long as "venue" is property, I think you can use KS regional expense guidelines after 91 days.

[OhioFiler]

I don't know that I would move to another state to pick up an IRS rent credit for the means test. The means test only indicates whether the presumption of abuse arises not whether you are abusing the law. Your actual income and actual expenses detailed on your petition are much more important than the means test.