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County residencey question

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    County residencey question

    Greetings everyone (and anyone who might know the answer)

    I live in Virginia - 2 BK districts. I currently live in the Western District and will be moving to a county that falls in the Eastern District (Good move, I just found out the living allowances are approx. $575 higher for rent) My question is...Once I become a resident, how long do I have to be a resident before I can file? I can not find the answer.

    Thank you

    #2
    I don't think there is any minimum residency requirement on the county level. I have never heard of one and I can't think of anywhere in the BK code that breaks down the requirements that narrowly. The venue requirements are broken down by state.

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      #3
      Domicile requirements are specified by state only. You can move from district to district all you want but if you remain in the same state, there is no difference in the eyes of the court. But if in Virginia there is some stipulation regarding this, you would only have to be in that district the greater part of 180 days, in other words 91 days. Thats all the rule states but I could be wrong, can anyone else chime in on this?

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        #4
        Residency requirements for the State of Virginia

        Natually HHM is correct. So is the above poster.

        The only breakdown I saw was at the State level. Here is the comment from Legal Consumer:

        New Federal Residency Requirement
        Under the new bankruptcy law, you must be have lived in the state for at least 40 months (three years and four months) before you can claim any homestead protection greater than $125,000. (If your states offers less than this amount, the law is irrelevant to you.) The law is poorly worded but seems to say that if you move from one home to another in the same state, you can claim that state's homestead protection.


        Detailed listing of Virginia Bankruptcy exemptions. Includes citations to specific statutes for state exemption laws and federal bankruptcy law. Exemption laws determine what property you can keep when you file for bankruptcy.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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