What state would I file in?

[Laurie77]

Hello. My husband and I lived in California our entire lives until we moved to Washington 6 months ago. We are now considering filing Ch. 7 bk. Would we file in CA or WA? I have read conflicting information. One place I read the following:

The state you use for your exemptions is:

* The state you lived in for the 730 days (2 years) before filing; or
* If you did not live in a single state in the previous 2 years you use the state where you lived the majority of the 180 period preceding the 2 year period; or
* If the preceding renders you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions.

But then on another site, I read this:

You must live in the state where you want to file for at least 90 days to gain eligibility.

Can someone clarify? Are the exemptions we use a different issue than where we actually file? Is that the idea? For instance, we can file in WA court because we've lived here for more than 90 days before filing, BUT we would be able to use CA exemptions based on the first rule?

Here's my concern: having to go to California to file bk, something we can't obviously afford since we're filing bk! Would we be able to do a CA filing from WA if necessary?

[despritfreya]

Laurie,

You file in WA but use CA exemptions.

1. You have been domiciled in WA for "more than the better part of 180 days" therefore you file in WA unless your principal asset is located in CA then, theoretically you could choose. But it sounds like WA works better as, if you were to file in CA you would have to return to that state for the 341 meeting, and, if you hire an attny it must be one licensed in CA.

2. You have not been residing in WA for more than 2 years therefore you must use the exemptions from the state you moved from, CA.

Des

[Laurie77]

Ok, thank you Des! I thought I had that right. You always answer all of my questions and I very much appreciate it. :o)