Moving Out of State a Few Months Before Filing?

[stgsm]

I've tried to search for an answer on the boards but haven't found exactly what I need to know. We are filing Ch 7 this summer. There is a real possibility that dh will be accepting a position in another state in the next few weeks (with the same company if that matters). He is the sole income earner for our family.


The timeline looks like this:
DH moves from State A to State B in April.
I stay in State A with the kids until June and then move to State B.
File in July or August in State A while all living in State B.

I know we will still file in our original state and will probably have to travel back and forth a few times. Is there anything else I need to be aware of with a situation like this regarding means test, exemptions, etc? Or will it all still be figured in State A even though we moved a few months before?

Thank you!

[drowningNdebt]

You will have to file in the state that you resided in. When I filed I had just moved back from FL to NJ and filed via email, fedex with my attorney. I just had to go to FL for the 341 and that was it. No biggie.

[mtbc]

Still, would they allow IRS local standards for A or B for expenses for DMI calculation, etc.? I'm quite curious about how this works.

[BobMango]

Same experience for me. Moved to New Mexico from Washington. Did everything with attorney via phone or email, went back to Washington for 341.

[drowningNdebt]

It would be A. After 6 months of residing in the new state you would have to use their exemptions.

[mtbc]

Surely, just over three months would suffice? (I thought it was where you'd lived in the majority of the past 180 days.)

[stgsm]

I really want to file in our original state so I think we need to make sure that my husband is there for less than 3 months before we file. Does that sound right?

[mtbc]

For a joint filing where you were differently domiciled for part of the time, I really have no idea!

[OhioFiler]

You can not file using your current state's exemptions unless you are domiciled there for 2 years. If you are not in the current state for 2 years you must look back to the 180 day period ENDING 2 years prior to your filing date.

If you move to Ohio in March 2010 and file bankruptcy on April 1, 2010 the place you lived from October 1, 2007 through March 31, 2008 would determine what exemptions you are eligible to use.

If you live in a state for 91 days you are eligible to file in that state but not use that state's exemptions.

[mtbc]

Thank you very much for the clarification -- I was still on the topic of IRS local standards for DMI calculation and hadn't noticed the switch to exemptions. Yes, it's confusing that different states' "rules" can apply for different purposes. The Schedule C exemptions one is I think the longest look-back.

[mtbc]

It's worth noting that I think some states only let you use their exemptions if you still live there. The fall-back in such cases if you moved away from them too recently is that you end up being stuck with Federal. (At least, if I recall correctly!)