Residency Requirement 'Revelation'

[Frogge]

I can't believe with all my research this didn't dawn on me sooner. I found out this morning, that due to the part of the new law regarding residency we may have to try and file sooner than expected because we lived in TN prior to moving to KS (last summer) for 14 months:

If you have lived or made your residence in your current state for more than 91 days but less than two years, you must use the exemptions of the state where you lived for the better part of the 180-day period immediately prior to the two-year period preceding your filing.

Filing sooner will most definitely will put us in a Ch13, which would not kill us although not sure about continued O/T, plus scared of some charges, large balance transfer and cash gifts since January.

Filing later puts us under TN law and I am wondering if that means I have to retain a TN lawyer? Sheesh this is getting confusing!

[JRScott]

You still hire a lawyer where you are now, and file in the court there.

You would use KS exemptions though not TN exemptions. What you would want to do is talk to a lawyer and see which of the exemptions is best for you. Then plan your bk plan accordingly.

[Frogge]

Ok, thank you for that info.. I started thinking how complicated it could get with different states, etc.. I was totally over-thinking again. THANKS!

[spell]

If you're along the border, you may find plenty of attys licensed and active in both states. Find ones that are familiar with both states to help you figure out what will be best.
Here or there. Now or later. 7 or 13.
Each of these can be a complex choice.