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Residency Requirements


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5/25/2012
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When considering filing for bankruptcy there are a number of things to consider.  Some of them will be related directly to paperwork, but many of the factors will be life decisions that might not seem related to your bankruptcy on its face.  One such example is the decision to relocate to a different state.  Moving within a state will not cause you any problems with filing, but if you are retaining an attorney you may want to see if that attorney will be able to handle your case after your relocation.  If you are staying in the same general area it shouldn't be a problem, but if you are moving a considerable distance you might be outside of your attorney's practice area or even outside of where your attorney is licensed to practice. 

If you are considering filing for bankruptcy and may be moving out of a state there are a number of factors to consider.  First, you must be a resident of a particular state on the day of filing to file in that state.  So, if you retain an attorney in Missouri and then move to Kansas before your case is filed you will have to find other representation.  Not only do you have to live in the state on the day of filing, but you must have lived in the state for the greater part of the 180 days leading up to bankruptcy.  Basically, you must live in the state for 91 days or more prior to filing.  If it is imperative that you file right away you may want to consider filing in your current home state prior to moving out of state. 

If you are considering filing for bankruptcy in a state that you have not lived in for at least two and a half years you will want to notify your attorney of this as soon as possible.  This does not mean that you cannot file, it simply means that the exemptions you will use might be different that the state you live in.  This is not a problem, and does not mean that you cannot file, it just means that your attorney may have to do a bit of research to determine what exemptions apply.  Depending on the circumstances you may use the exemptions from a state of prior residence or federal exemptions.  If you have not lived in the state for at least two and a half years your exemptions will be based on the preference of the state that you lived in for the greater part of the six months prior to the two years prior to filing for bankruptcy.

If you have questions, or would like to set up a consultation, contact a St. Louis Bankruptcy Attorney Today.



Category: Bankruptcy


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