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File in California or Florida which is better

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    File in California or Florida which is better

    I have live in California but may be moving to Florida next month and I am planning to file this October to get my Federal taxes and past debt added together in my 7 filing.

    Maybe some can provide some insight to the better state for the filing my bankruptcy, since right now I have a choice.

    My financial details are
    Currently 18K CC all 120+ days late
    Federal Taxes 35K
    Turned car in voluntarily 8K deficiency after auction sale
    I have no secured credit except a 04 Honda Accord with Honda Financial (always current)
    I afford rent using savings and I do not own a home
    No assets, $3,500 in savings, Self Employed (not working much) and unmarried


    Thanks in advance for your responses.

    #2
    i believe there's a time frame you have to live in a state before you qualify to use it's BK laws... I want to say a year or two- but that may be for home exemptions. Basically they don't want people just moving states to get more favorable BK scenarios. I would count on having to file on CA standards...Someone from FL will chime in though.

    Originally posted by limping805 View Post
    I have live in California but may be moving to Florida next month and I am planning to file this October to get my Federal taxes and past debt added together in my 7 filing.

    Maybe some can provide some insight to the better state for the filing my bankruptcy, since right now I have a choice.

    My financial details are
    Currently 18K CC all 120+ days late
    Federal Taxes 35K
    Turned car in voluntarily 8K deficiency after auction sale
    I have no secured credit except a 04 Honda Accord with Honda Financial (always current)
    I afford rent using savings and I do not own a home
    No assets, $3,500 in savings, Self Employed (not working much) and unmarried


    Thanks in advance for your responses.
    Last edited by jribe; 07-27-2009, 03:19 PM. Reason: more info
    Filed Pro Se: 10/16/2009
    341 Scheduled: 11/23/2009
    Last Day for Objections: 1/22/2010
    Discharged: 1/28/2010

    Comment


      #3
      http://www.************************/...kruptcy-there/
      Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
      ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

      Comment


        #4
        Florida's homestead exemption would apply, regardless of how long you have lived here. I came across a court decision on this today, and read confirmation on a couple attorney sites as well. It is quite remarkable, but you could move here, buy a million dollar house with cash (assuming you had the money) and be protected for the entire amount in bankruptcy.

        If you google the terms I am sure you will find it, or I can dig it up tomorrow if interested.

        As far as other exemptions, there are a few that would apply, including protection of income in the bank at filing day and a few others worth considering. Let me know if you are interested and I will post links tomorrow.

        This is contradictory to the guidelines on some sites about the 2 year residency requirement, but it is true. The courts were very clear in the decisions and not all sites (or even attorneys) may be aware of it and the implications for people moving to Florida.

        Good luck
        11-20-09-- Filed Chapter 7
        12-23-09-- 341 Meeting-Early Christmas Gift?
        3-9-10--Discharged

        Comment

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