Moving Question

[mx812]

I recently moved back to the Wisconsin/ Illinois boarder from Arizona. I currently work in Wisconsin, and have lived in Wisconsin for 45 days so far. The median income in Illinois is about $10,000 more than Wisconsin, a difference that would allow me to pass the means test. Would it be unethical of me to move to Illinois to pass the means test? I understand I would need to live there for 91 days before I can file. Any advice would be appreciated.

[justbroke]

The expense of moving alone could make this a fool hearty bankruptcy planning idea. Yes, you will have venue issues, and will need to wait at least 91 days after moving for the correct venue. You will also have issues with your Exemptions since you could use neither Wisconsin nor Illinois.

The best advice is to run it by a local bankruptcy attorney as to venue (where to file/live). Remember, the median income is higher because the cost of living is higher. You may be hurting yourself in the long run.

[LadyInTheRed]

I don't think ethics should be your consideration. As long as you are not violating the law and the move makes sense in light of the excellent points JB made and after you have discussed it with an experienced BK attorney or two, then move if you want and don't worry about what somebody may think is ethical.

[avengers]

Remember, the median income is higher because the cost of living is higher. You may be hurting yourself in the long run.

Since he lives near the border, cost of living is irrelevant. The cost of living will be approximately the same in both states. Do agree that moving expenses may negate any advantage of filing in IL.

OP should remember that, even if his income is above median, he can still pass the means test if his expenses are high enough.

[justbroke]

Since he lives near the border, cost of living is irrelevant. The cost of living will be approximately the same in both states. Do agree that moving expenses may negate any advantage of filing in IL.

Cost could be, but i include everything in cost. There could be higher sales taxes, higher gasoline taxes (making gasoline more expensive), vehicle registration fees which differ, cost of other goods, differences in professional licensing (and associated fees), more tool roads, etc. To summarize, the cost of living should never be marginalized by thinking that simply moving over the border of any State will solve the problem. All factors should be weighed and you should consider this minutia.

I write this because we're on a bankruptcy forum where people may not be the best at managing money or calculating actual "real" expenses.

I do agree with you, avengers, that it may not be a big factor, but it is a factor. I would hope that everyone looked at all the factors from a complete annual budget standpoint. The cost of moving and acquiring a new residence are the one-time costs.