Residency issue, can anyone help?

[starlite]

Hello:
I am new here and hoping for some assistance. I have been living in Texas for 8 months and need to file a chapter 7. Prior to living in Texas I lived in New Jersey for 3 years. I meet the means test using the NJ test, but not the TX test.
From the research I've done, it sounds like I would use the NJ test, but when I call lawyers they say that I need to go by the Texas means test.
Anybody know about this?
Thanks!

[justbroke]

Why question the attorneys? The first rule of filing a Bankruptcy is the Venue or Residency issue. You can file for Bankruptcy in a District where you (or your principal place of business) existed for at least 180 days. if you haven't been there for 180 days, then you file in the Venue/District where you spent the majority of time. Since 8 months is more than 180 days, you file in Texas.

The key is, where have you been the majority of the last 180 days.

As for which exemptions you can use, that's another story. I'll leave that for a different discussion.

[mortmomof2]

I think you are confusing the Means Test with the Exemptions...From what I understand, for the Means test, they go by the state you currently reside in. Your exemptions are determined by where you lived 2 years ago or the majority of the 24 months preceeding 2 years ago. And different states require you to be a resident to claim their exemptions. Example...We now live in Oklahoma, but for less than 2 years. We qualify for Chapter 7 in Oklahoma but cannot use Oklahoma's exemptions. We then revert to Kansas (our previous state) but they require you be a resident to claim their exemptions. So, we have to use the Federal exemptions. I hope that helps.

Stopped all pymts 1/10
Filing this month!