Question Moving to Texas

[silvercert]

I am moving to Texas in a month and plan to file 3 months after living there. I am losing my house and gonna have to surrender my car. Will it be an issue that the house is in AZ and im filling in Texas?

[RedLight]

It shouldn't be. We moved to Texas just over a year ago and the law here is that unless you have been here 2 years, you file in the state you came from. That would be Arizona for you. So, there shouldn't be any problems. Just check into the exemptions for Arizona, we moved from Michigan and they are horrible, but they allow us to use the Federal.

[breezyday]

We also will be moving to another state in a few weeks, do I have to return to the state (WV) I left to hired a lawyer and drive back there for court etc?

WV exemptions are better.

[silvercert]

We also will be moving to another state in a few weeks, do I have to return to the state (WV) I left to hired a lawyer and drive back there for court etc?

WV exemptions are better.

Thats what /i was wondering also. Can the Lawyer in Texas do it for me and everything be handled in Texas, because going back and forth will be impossiable cause I cant wait two years to do something.

[AngelinaCat]

I would think that it would be easier--and cheaper--to do the BK and get it done and over with BEFORE you move. At least remain in the state until AFTER the 341.

Good luck.

[RedLight]

I would check the exemptions in the state where you live. If you move first, I would recommend waiting at least 90 days prior to filing. If you can stay in the state, I would do that since you will be going off that State's exemptions anyway.

[Frogge]

I moved to KS last year and lived in TN a year before that -- surrendering a house there. My atty seems to have no issue with the other state being involved... however based on the exemptions I MAY wait until I can file under KS law. Not sure yet.
I think on another thread we talked about possibly some extra costs involved with the multiple states?

[silvercert]

I would think that it would be easier--and cheaper--to do the BK and get it done and over with BEFORE you move. At least remain in the state until AFTER the 341.

Good luck.

I cant remain here, have to be in Texas by the first of September (military). Its the move thats causing this. My house is on the market now for a short sale but I have a feeling the foreclosure will happen before that. We are losing my wifes 60K a year income so when we get there my car is getting surrendered. So Im just waiting, its the house and car that are causing me to file im just adding my credit debt to it.

[breezyday]

Silver >sounds like where on the same boat and sinking fast!
Where jumping ship here soon too and swimming home!
We give up!

First of all Thank-You for your service to our county!
My husband is retired military!

He took a good job in WV so we move here, thought it would be something different>>surprise the job ended after a year so we put our house on the market and he took a lower paying job until we sold.
We thought a few months! Plus he hurt his back on the new job so it's been rough!
Been living on CC's trying to do the right thing!

Now almost 2years later our home is still not sold and where broke!
Were tired!
Our bank will not work with us even for a short sale! So they can have the house!
I hate it here, can not stand to live here another hour> only regret I have is why did we wait so long?
WE just need to travel back home, find a place and MOVE! Hoping by the end of this month!

Good luck and may God keep you and your family safe!

[danaf]

whoa whoa whoa - just because you move to another state and then file in your new state does not mean you have to go back to the old state for anything related to the bk or home foreclosure. All it means is that if you do not wait the 2 yr period, you must use the old state's exemptions. However, if you filed in the old state, and then moved, then yeah - you'd have to go back for your 341. But that is not the case in your question. Move, wait your 120 days in the new state and then file. I will add though that Texas is probably one of the best debtor friendly states - your wages cannot be garnished. If someone had things they wanted to keep but their previous state's exemptions didn't cover, then it might be wise to wait the 2 yrs residency requirement just to take advantage of Texas exemptions. Just something to think about.

[ssdsco]

whoa whoa whoa - I will add though that Texas is probably one of the best debtor friendly states - your wages cannot be garnished. If someone had things they wanted to keep but their previous state's exemptions didn't cover, then it might be wise to wait the 2 yrs residency requirement just to take advantage of Texas exemptions. Just something to think about.

Great advice.

Also your Texas BK attorney might moan and groan and ask for more money if he has to work with out of state exemptions. Mine did until he convinced me to wait two years to be able to use my current states exemptions which provided significant additional benefits.

[danaf]

greedy lawyer! I worked with out of state exemptions and I filed pro se.