Can I file bankruptcy if I have not lived in the state for six months continuously yet? 14 Answers as of May 19, 2015

Can I file for bankruptcy without six months of residency?

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
You need to live in the state for 91 days (the better part of 180 days).
Answer Applies to: Colorado
Replied: 5/19/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Your residency requires only 91 days or more not 6 months.
Answer Applies to: Michigan
Replied: 5/18/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You have to be in the jurisdiction 'for the better part of 6 months" - so 91 days will do.
Answer Applies to: California
Replied: 5/18/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
You only need to live in a state for the greater part of the past 6 months ? or 91 days, to be eligible to file bankruptcy. If you have lived in more than two states during the last 6 months, you only need to live in your current home state longer than in any other state, at least during the past 6 months. I have seen folks who have lived in 4 states during the previous 6 months, so it can get complicated.
Answer Applies to: Nevada
Replied: 5/18/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Yes, but you do not qualify to use the new state of residence exemptions. This may or may not negatively affect your case depending on the extent and value of your assets. Depending on which state you are coming from you may be required to either use your previous state's (if that is allowed) or federal exemptions. A bankruptcy attorney will typically perform an analysis to determine what exemptions are available to you, this can get a little tricky if you have moved around so legal representation might be very helpful.
Answer Applies to: California
Replied: 5/18/2015
    Ronald K. Nims LLC | Ronald K. Nims
    The law is that you can file bankruptcy in the place where you have lived, owned most of your assets or had your place of business for the past 180 days. So if you have owned a house in Oklahoma for the past 5 years but have lived in Nebraska for 1 year and worked in Iowa for 1 year. You can file in either Oklahoma (the house is most of your assets), Nebraska (you lived there) or Iowa (your place of business). If you've moved within the 180 days, then it's where you lived, worked or had assets for the longest in the 180 days. This means if you moved from Michigan to Ohio 91 days ago, you would file in Ohio - because 91 days is more than half of the 180 days. As for living there continuously, the issue isn't where you're staying but where your "domicile" is. "Domicile" means the place that you have a presence and INTEND to live permanently. So, if you had a job in Michigan and lived in Michigan until 100 days ago then you quit the job in Michigan, got a job in Ohio and stayed in a hotel in Ohio during the week but spent weekends in Michigan with your kids until you sold your house last week,you would file in Ohio. Once you got to Ohio and started the new job, then you intended to make Ohio your home for the future, so Ohio is your domicile even though you spent time in Michigan.
    Answer Applies to: Ohio
    Replied: 5/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It depends on the circumstances. If you have lived in this state longer than in any other state within the past 180 days, you can probably file in the district where you now reside. To be conservative, be sure you have resided in your present state for at least 91 days. Find a skilled bankruptcy lawyer. They are almost always worth the investment. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/15/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    You can file in your prior jurisdiction. You must be a resident for at least 6 months before you can file in the jurisdiction where you currently reside.
    Answer Applies to: Kentucky
    Replied: 5/15/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, but you would have to file in the state in which you have resided for more time within the last 6 months.
    Answer Applies to: California
    Replied: 5/15/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    If you have lived in the state for the past 91 days you can file here. Venue is determined by where you lived, were domiciled or had your principal place of business during the longest portion of the past 180 days.
    Answer Applies to: California
    Replied: 5/15/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    As long as you have been here 91 days you can file here but may be required to use the laws of the other district you come from.
    Answer Applies to: Florida
    Replied: 5/15/2015
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