Which State to File BK

[savvysue]

I am considering BK as an alternative to our situation but am not sure what state to file in. I have a home (in pre-foreclosure) in GA., my husband still lives in GA in the home, we have 2 S Corps in GA. (have to BK too - no revenue and personal guarantees). I moved to SC in 3/2009 for a job. I brought my son to SC and enrolled him in school in 2009. I leased a home in SC.

I spoke with a BK attorney today who didn't know the answer. She thinks since I enrolled my son in school here that I might need to file in SC.

Your thoughts?

[keepmine]

You file where you spent the majority of the previous 180 days.
You'll need to live in the new state for 2 years if, you want to use that states exemptions. If not, you use your old states exemptions.
Not sure how this'll play out if, you want to file jointly and your spouse is still in the old state.

[savvysue]

Thanks keepmine - I don't know how this is going to play out either. I'm going to talk to a SC atty. today to obtain their thoughts.

[MrBankruptcy]

Generally, you file in the state that you have resided in for a minimum of 180 days. You might have to use the schedules from your old state because you have not lived there long enough. The only problem you might have is the joint filing as in this case you might have to go back to Georgia to file with your husband. Nevertheless, you should consult a South Carolina bankruptcy attorney to help you with your dilemma.

[savvysue]

Thanks Mr. Bankruptcy - I have calls into 2 attorneys to review my situation. Also, checked out your signature - xxxxx. That interest me as well. Where would I be able to get testimonials? Is this a new option?

[nc73]

It's a minimum of 91 days not 180. 180 refers to Greater of. Greater of 180 is 91 days.

[jazzop89]

Do the residency requirements vary according to state BK laws, or is this 180-day thing a federal guideline?

[tobee43]

it depends on the state....we chose between 3 but had to be here a min of 180....to file for this states exemptions. or we could have in 2 out of three state chose either federal or state. we chose what was best for us.

[jazzop89]

1. Is there anything wrong with choosing the state you want to file in, then relocating there for the minimum number of days to be eligible to file?

2. Generally speaking, the residency is determined by which state one spends the majority of the prior 180 days, correct? So, if I work in NY, and I stay 59days in CT, 60 days in NJ, and 61 days in NY, I would file in NY then?

I do not own a home or live in an apartment. I only live in hotels, so I can, and often do, relocate daily.

[tobee43]

i would file where it best suits you...if and only if you can and it's legal.