Bankruptcy / Bankruptcy Q&A

Where do I File Bankruptcy if I am Moving to Another State?

When considering bankruptcy, it is important to review your income and assets; having accurate records of your finances will help the filing process move forward. But what if you are planning to relocate to a different state in the near future? The income requirement will be based on which chapter you intend to file and the income amount may reflect what you earned in the last 6 months to a year and each state has its own median income level that debtors would need to meet upon filing.

 So, Can I File Bankruptcy in Another State?

Deciding to file bankruptcy in another state may depend on different factors. While completing the filing process successfully has helped debtors gain a fresh start, state regulations in handling the case may vary, especially when a debtor moves from one state to another. During the time you create your plans to move, you may want to review rules and eligibility for filing in your current state and compare them to the state you plan to move to.

Upon deciding to move, the timing of your residency may determine which state to file. The state in which you have the longest amount of time as a resident is likely the state in which you can claim bankruptcy. You may be required to be a resident in your new state for a certain time period before filing. You’ll also want to review exemptions for both states. The exemptions include what personal assets are protected when you file. While reviewing information for both states, this could be a good opportunity to review credit counseling requirements.

Comparing information from both states may give you an advantage when it comes to filing your case. It may be better for you file in your current state or wait a certain time period after you move to your new state. Review questions and concerns with a qualified bankruptcy attorney.