I'm planning on filing Chapter 7 in September but there's a chance I may move to California before I file due to job opportunities. How big of a pain do you think it would be to file in California if I do move knowing that I'd have to follow Illinois bankruptcy laws?
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Moving to another state prior to bankruptcy filing?
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There is a residency requirement you have to meet just to file. You have to have lived in a state for 91 of the last 180 days to file in it, elsewise you have to file wherever else it was you lived prior. This has nothing to do with exemptions, just filing jurisdiction. So, if you're set on filing in september, you'd still have to file in Illinois.
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You have to file where you live. You can't live in CA and go back to IL to file.Originally posted by DebtorDan View PostThere is a residency requirement you have to meet just to file. You have to have lived in a state for 91 of the last 180 days to file in it, elsewise you have to file wherever else it was you lived prior. This has nothing to do with exemptions, just filing jurisdiction. So, if you're set on filing in september, you'd still have to file in Illinois.
If you live in CA, you'll have to meet the residency requirement prior to filing. So you may have to wait longer to file.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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