question about residence

[boiler704]

The bankruptcy laws state that you have to file in the state that you have resided in OR where the majority of your assets resided for the majority of the previous 180 days.

I have currently been living out of the country but plan on coming back to the states soon and want to file bankruptcy then. I have no US address but did leave my belonging (clothes, computer, etc) at my parents residence. My question is does this qualify as assets or will I have to set up base somewhere for 91 days before I can file? The only reason I will be coming back is so I can file for bankruptcy and once everything is taken care of I plan to leave the states again. . . . but I do plan on eventually returning which is why I want to file now.

For those wondering it should be a simple case. I have zero assets, no job, about 85k in unsecured CC debt on cards that haven't been used or payments made in over a year.

[lrprn]

You must live in a state for 2 years before you can use its bankruptcy exemptions. If you've been out of the country, then you don't have a previous state of residence. In that case most states allow you to use the federal exemptions.

What state do your parents live in?

As far as which state you can file in, as you noted under the current federal bankruptcy law, the debtor's residence is determined by the 180-day period before the date of bankruptcy filing.

Unfortunately after some intense online searching, I can't find a reference that states that only your assets have to be in residence - you don't. Can you share a link to where you found that information?

[boiler704]

You must live in a state for 2 years before you can use its bankruptcy exemptions. If you've been out of the country, then you don't have a previous state of residence. In that case most states allow you to use the federal exemptions.

What state do your parents live in?

As far as which state you can file in, as you noted under the current federal bankruptcy law, the debtor's residence is determined by the 180-day period before the date of bankruptcy filing.

Unfortunately after some intense online searching, I can't find a reference that states that only your assets have to be in residence - you don't. Can you share a link to where you found that information?

FYI, Just received an email back from a bk lawyer and he said as long as I use that address as my us address then it's no problem. I don't know where exactly i've seen it on the web where as long as you have assets in that state you can file there but it's the same situation as if you have two houses in different states you get the choice in which state you wish to file.