how to select which state to file BK in? My situ not easy

[MaxedExpat]

It is probably time for me to do a few initial consults to select a BK attorney, and I realize this requires state-specific expertise (and for me) probably some international knowledge, as I now live in Canada. Which US state should I file BK in ? (I've searched for some of this, but info has been difficult to locate. Of course, my situation is not easy on this front.

I was a state of W-A resident for 8+ years (home and business there) but a was Cal resident for the 10 months immediately prior to my departure to Canada. I never had a California drivers license during this time, but did have to file a CA tax return in the year I left.

Any opinions on whether I be calling CA or WA bankruptcy attorneys for an initial consultation?

[AngelinaCat]

Arrrgghhh!! LOL

Which state did you call 'Home'? That probably will be the determining factor.

Since you never really got a California DL, I would say that you are a resident of Washington State. Each state will have different residency rules as to whether/when you can file using their set of Exemptions.

In your case, you will probably use Federal Exemptions.

The California tax return is simply incidental. 'Hub worked in Georgia for four years, though our Home and Homestead is in Florida.

[dina13]

I think I read in Nolo Ch.7 bk that if you live outside of US, you use federal exemptions. Double check that, though.

[LadyInTheRed]

The first question to ask is whether you can even file BK in the U.S.

(a) Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.

11 USC §109(a)

Do you still have property or a business in the U.S.? If so, you would file in the state where your property or business is located. See 28 USC § 1408 - Venue of cases under title 11

[LadyInTheRed]

I think I read in Nolo Ch.7 bk that if you live outside of US, you use federal exemptions. Double check that, though.

It depends on how recently the debtor lived in the U.S. and where he lived in the 730 or 180 days before filing I believe the OP would probably use Washington exemptions, if he could file BK in the U.S. If he couldn't use any state's exemptions, he would use Federal Exemptions. This is a different question than what state to file in.