Can you file a Chapter 7 after moving

[armstrow]

Hello all, my question may be dumb. but I might move to Virginia in about 45 days. I have no filed yet. My question is, will I be able to file right after I move to Virginia or should i hurry up and file before I leave New Jersey. Any help is appreciated during this rough time

[newbie2]

Hello all, my question may be dumb. but I might move to Virginia in about 45 days. I have no filed yet. My question is, will I be able to file right after I move to Virginia or should i hurry up and file before I leave New Jersey. Any help is appreciated during this rough time

If you file in your current state you need to be there for the 341 meeting. Can you go back for that meeting? (It's required for you to be there, not optional)

[armstrow]

absolutely i could go back...i figured i would go back. Could I file in New Jersey, move to Virginia, and just come back for the 341. would that be ok or legal?

[Charlie777]

If you move it could affect your exemptions. The new (2005) law sets up a two year residency requirement to use state exemptions. I filed in the Eastern District of Virginia (Alexandria) and my attorney said we had to use Federal exemptions, although some jurisdictions may let you use those of the state you previously resided in. This had no impact on me as what I had for assets fit into Federal exemptions.

[armstrow]

the only thing i have to my name is a 1997 saturn worth about 1500. If i had to give it up I would. What do you guys think

[Charlie777]

The other question would be whether you have enough income to risk being thrown into a CH 13. I'm not sure where the allowable expenses would be higher - NJ or Virginia.

Also not sure how a fresh move would affect what median income is used - that for your current residence or prior residence, since for the six month lookback you'd be using NJ income.

You probably need to ask an attorney who specializes in Bankruptcy. I can recommend mine if you'll be in the Alexandria district.

[BobMango]

I moved in August and filed in October. I used the law from my former state and went back for my 341. Generally you need to file where you spent the majority of the previous six months, but you may want to read up on the exact timing.