When people are faced with financial difficulties, many times it will force them to move out of the area while seeking work. If a person has been unemployed for a long period of time, there is a possibility that the individual could be planning on filing bankruptcy also. It's no secret that moving out of state can complicate an individual's bankruptcy filing. There is no real need to get all upset and worry because the bankruptcy code has provisions for just this. In today's economy, this is becoming very common. The problem is it would be much better to file for bankruptcy before moving and get it out of the way. If there is no way for that to happen and the debtor is planning on moving, they still will have the ability to file for bankruptcy.
Most individuals filing bankruptcy think that they need to reside in a state for a minimum of six months before they can file. First of all, if a bankruptcy attorney is the one with this information, it's time to go look for a new bankruptcy attorney. If they don't have experience to deal with an issue like this, there is probably a lot of other stuff they don't know either.
Typically, the rule for filing bankruptcy after moving is pretty simple to understand. The bankruptcy code says that the debtor is required to file bankruptcy where they lived the most amount of time in the past 180 days. Basically, it doesn't mean we're the debtor has lived the last six months, but where the debtor lived for the majority of the last six months. So the debtor resides in the new state for 91 days they will be able to file for bankruptcy in the new district.
When you think about it, this makes sense. Could you imagine if someone needed to file for bankruptcy and lived in California, and they found a job in Florida where they would have to move immediately, they would have to either not take the job or not file for bankruptcy. There is a third option which could be very expensive that would require the debtor that traveled coast-to-coast for any required hearings like the 341 meeting. A bankruptcy filing is not supposed to put a financial strain on the debtor and in this case it definitely would.
It's a good thing that the bankruptcy code has some flexibility to protect the debtor. The complicated part begins with the bankruptcy exemption laws. This is why it is good to have an experienced bankruptcy attorney to represent you. Many times the debtor filing bankruptcy out of state will be required to use the bankruptcy exemptions from the state they move from. They use the bankruptcy exemptions from the new state that debtor will be required to reside there for more than two years. This was done to stop people filing bankruptcy that would cross state lines to file in a state that had more generous bankruptcy exemptions than the state they actually lived in. The bottom line is, the bankruptcy code is not intended to cause any additional undue hardship on the debtor. The reason for filing bankruptcy is to give the debtor a fresh start and hopefully put them on the road to becoming debt-free.
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