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Moving to another state prior to bankruptcy filing?

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    Moving to another state prior to bankruptcy filing?

    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?
    11/13/07 - Filed Chapter 7
    12/13/07 - 341 Meeting
    02/12/08 - Discharged
    02/15/08 - Case closed

    #2
    Not sure it would be anymore painful, but yep you'd have to use Illinois exceptions.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      Thanks! I'm okay with the Illinois exceptions so I'll just have to find a lawyer willing to deal with that.
      11/13/07 - Filed Chapter 7
      12/13/07 - 341 Meeting
      02/12/08 - Discharged
      02/15/08 - Case closed

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        #4
        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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          #5
          Originally posted by DebtorDan View Post
          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.
          You have to file where you live. You can't live in CA and go back to IL to file.

          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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