Messy Sitution in AZ

[ajguy]

Hello,
I'm new here and have a mess and need to get some options/advice.

I'm currently living in Arizona and need to file bankruptcy if I can.
Living Situation:
California 97-Aug 08
Illinois Sept 08-Oct 08
Arizona Nov 08-May 09
Illinois Jun 09-Sep 09
Arizona Oct 09-Present

I'm originally from Illinois but moved to California. I went back to my parents house in Illinois but they come to Arizona for the winter. Hence the back and forth.

I was working in California for the same job until August. I ended up going back home for health and personal reasons. I quit so I didn't qualify for unemployment. I was only hoping to go back for a few months but it ended up being longer. In hindsight I should not have quit. I was already in a financial mess before quitting. I had at least 6 credit cards: BOFA (2), Chase (2), Amex, Credit One, CitiBank, Citi Financial. All of my cards are now default as I haven't been working for over a year. I tried to go back to my old job but that wasn't possible. Chase has a judgment on me for 12k but there is no money to take. I'm literally broke as any money I do have right now is whatever I get from my mother (not much). I closed out my 401k which I probably shouldn't have but that was the only money I had (16k).
My income for the past year was w2 and the 401k. Before that it was straight W2 with I think one 1099 with very little interest.
This year it's so far been nothing

As far as my assets go, I literally have a car full. I drove from California to Illinois and could only take what I could drive. The rest I had to leave there.
It's basically my clothes, some books, laptop, computer equipment (cables, speakers, printer etc). Most of this stuff is here in AZ some is back in Illinois. My car was repressed in Illinois. I didn't own a house so no real estate.

I know I should have filed last year but after talking to people, I would have a problem with the residency and had to wait. So I don't know what to do now. My taxes aren't filed because apparently I didn't take enough out when I closed out the 401k so when it came to file I didn't have enough.

I have a chapter 7 bk kit that I'm working on but it's a little confusing and I know if the forms aren't filed out right, it can get automatically dismissed. From what I've read here, AZ is pretty tough but a lawyer I talked (didn't retain-just consultation) to said I would file in Case Grande and he said not much happens there. I guess the trustees hold it a restaurant or something?

I really wish I had something that I could sell that i could pay back everything. I think I made one mistake after another and now I don't know what to do. I still have a California drivers license. Any advice/suggestions would be great.

Thanks in advance.

[Heli]

[keepmine]

There is no rush to file. You have nothing anyone can take. Concentrate on stablizing your fiances before you file bk. You have to be able to support yourself post bk.

[ajguy]

Thanks for the info. I guess I have many issues. When does the resdency start, when you get an AZ license or when you actually step foot in the state. The place i'm staying at is my mom's boyfriend's place (second home I think) He has three that I know of, 2 in Illinois and one here. This is a mobile home park in Apache Junction that he goes to in the winter. My mother comes with him. She's only on SSI from Illinois so this place is not hers. She rents a different property in Illinois where I actually lived prior to moving to California (was going to grade school and high school at the time) and it's through Housing.

I guess my problem is what I do call my residence. I sent a postal change of address form for the old house and then one for AZ and haven't changed it back. For 10 years I lived in Costa Mesa, CA at the same address and then went back home to the old address and now I'm at this address in AJ from 10/08-05/08 and then from 10/09 - present. I don't know how long I'll stay here or if I stay permanetly.

One problem I know I have is since I lived at the same place for 10 years in CA and now I have two different addresses in different stats what does that do? All of the accounts were opened when I was in California but I haven't lived there since September 08 with the occassional visit to see my brother/sister last year there. I still get mail to the old house in Illinois from the creditors and some to this one in AZ. My bank and phone bills get sent here. Like I said this is a mess and I don't know how to clear it up.

Thanks in advance.

[Heli]

Well frankly, and this is just a bit of friendly advice. Pick a home. AZ IL CA and set up roots there, as has been said there is no rush to file. If your going to pick AZ as your new home, settle in for the long haul, find some way of supporting yourself and setting yourself up as a resident, getting your bank and phone bills is a start, getting your drivers license and car registered in the state is a good next step.

I would call a few lawyers and get some free consults as to the specifics of your case, that will give you some better direction. The thing is do not rush into this. You will need to be in AZ at least 90 days to file as to what exemptions you can use a lawyer will be able to tell you that. Read alot of what has been posted here, there is some very good advice. Keep a cool head about it, and plan it out to best protect yourself and set yourself up to be able to support yourself post BK.