Domicile or just a residency?

[sscott4775]

Hello everyone,

My apologies if this question has been posted elsewhere. I've searched through other inquiries on residency and domicile and didn't quite see my issue addressed, so I'll give it a shot.

I have some confusion regarding residency vs. domiciled. I moved from KY to TN approximately four months ago. I know that if I'm able to file in this TN district, then I will have to use Ky's exemptions, but I'm confused if this is my domicile.

See, I don't have governmental proof that I will be here long term (driver's license, voter registration, etc.) I know that I should have already taken care of this stuff, but got lazy, I suppose.

So, my question is does the law pertain only to where you have lived the greater part of the last 180 days from the filing date, or does it start when you have official documentation proving your intention to stay. In other words, if I had my license or voter registration moved tomorrow, would that officially start the clock for the 180 days?

Just for clarification, it's my girlfriend and I that live together, so this being her apartment, there's no lease on my part that I can show either.

Hope this makes sense...

Thanks!

[tcreegan]

Hi sscott4775,

To file in TN (rather than travel back to KY) you need to have been there the greater part of the 180 days prior to filing. In other words, once you are in TN for 91 days you can file there. I don't know if there is a legal difference between domiciled and resident, but where you file is called venue. (thanks despiritfreya)

As to proof you have been in TN, you can always get a notarized statement from your girlfriend. I can't imagine the court will make much of a fuss about venue, but you never know!

Tom in Colo

ps: you are right about using KY exemptions

[sscott4775]

Hi sscott4775,

To file in TN (rather than travel back to KY) you need to have been there the greater part of the 180 days prior to filing. In other words, once you are in TN for 91 days you can file there. I don't know if there is a legal difference between domiciled and resident, but where you file is called venue. (thanks despiritfreya)

As to proof you have been in TN, you can always get a notarized statement from your girlfriend. I can't imagine the court will make much of a fuss about venue, but you never know!

Tom in Colo

ps: you are right about using KY exemptions

Hi Tom,

Thanks for the reply. Based upon my understanding, one can have more than one residency, but only one legal domicile. What was confusing me was that the law discusses how a domicile qualifies if a person intendeds to make that their permanent home and where, if they're away, they intend to return.

I just didn't know if they would make a fuss over legal documentation of your intent to stay or not, but yeah, I have been here for over 91 days...just can't officially prove it. lol

About the notarized statement, is this an official form that I could get somewhere, or is it something we would have to draw up, get notarized and then submit to the court?
I hope that's not a dumb question...I'm still a newbie.

[despritfreya]

The below post, while long and tedious, may clarify the issue of domicile vs. residence. I know this is information overload but this issue has popped up at least 2x in the past day or so. I pulled the holding off of a Florida case and took only a few liberties. The following is pretty much parts of the decision word-for-word.

In re Campbell, 242 B.R. 740 (Bankr.M.D.Fla., 1999)

During the 180-period preceding filing ("Venue Period"), Debtor filed a Declaration of Domicile in the State of Florida, was issued a Florida driver's license, and transferred his voting rights from the Commonwealth of Virginia to the State of Florida. Debtor testified that he voted in three Florida elections since moving to Florida. Debtor also opened several bank accounts in the State of Florida and organized a corporation under Florida law during this period. . .

Debtor was physically present in Florida during the majority of the Venue Period, but did travel between Virginia and Florida approximately fifteen times during the Venue Period, primarily by automobile.

During the Venue Period, Debtor maintained his house in Richmond, Virginia, which has been his residence since 1974, maintained and utilized his membership at a Richmond country club, and made substantial contributions to the church he and his wife belonged to in Richmond. Debtor continued to use his Virginia physicians and dentist, as well as his certified public accountant and legal counsel. Tax returns made by Debtor during the Venue Period contained Debtor's Virginia address, as did many other business and financial documents. . .

Debtor admits that he and his wife have lived a considerable portion of their lives in Virginia, but like many older Americans, Debtor now claims to have made the decision to move to a climate more conducive to his health and lifestyle. Debtor additionally claims to have considered moving to Florida for a number of years and that his health problems motivated him to move to Florida. Debtor blamed the delay in moving on his wife and claimed he would have moved to Florida long ago if it were not for her.

FUNB (Debtor's major creditor) claims that Debtor's attempted move to Florida was the last of part of Debtor's asset protection scheme and that Debtor's scheme began in the summer of 1997 when he evaded payment of his indebtedness to FUNB.

The Court must first decide whether the Middle District of Florida is a proper venue. If venue is proper, the Court may retain or transfer the case. If venue is improper, the Court must transfer or dismiss the case.

Proper venue is determined by review of the facts existing during the 180 days prior to the commencement of the case to determine the district of the debtor's residence, domicile, principal place of business, or location of principal asset. By providing four alternative bases for proper venue, the statute allows many possible locations where an entity (person) may file for bankruptcy protection. The liberal requirements for proper venue are tempered with the provisions allowing for transfer under certain circumstances.

A "residence" may be any dwelling place or abode, temporary or permanent.

A "domicile" requires a residence and a permanent intent to remain.

A person may have a "residence", or residences, in one location while having a "domicile" in another. Put another way, the difference between domicile and residence is that domicile requires not only residence in a place but also the intent to remain indefinitely.

In the Campbell case the Court found that venue was proper.

[tcreegan]

notarized statement

Hi sscott4775,

despiritfeya comes through again! Thanks for the clarification!

To get something notarized you take the document to a notary public (person who is a notary), swear it is true, sign it in their presence, and they have a stamp they put on the document. There is a gal at my bank that does this, but many law firms, real estate firms, financial firms, etc also have a notary.
Helps if they already know you....

Tom in Colo

[sscott4775]

Hi sscott4775,

despiritfeya comes through again! Thanks for the clarification!

To get something notarized you take the document to a notary public (person who is a notary), swear it is true, sign it in their presence, and they have a stamp they put on the document. There is a gal at my bank that does this, but many law firms, real estate firms, financial firms, etc also have a notary.
Helps if they already know you....

Tom in Colo

Hi Tom,

The notarized statement sounds like a good way to go. If I write up a statement to have notarized, would I include it with my bankruptcy packet and submit it along with everything else?

Oh, and is there a specific wording I should use when writing the statement?

Thanks!