OK, what state should I use?

[swampwiz]

I went back and calculated where I have been living from Nov 1, 2007 to Oct 31, 2009 (i.e., expected, presuming I stay where I am at until the end of October.)

My official address of record for banks, driver's license, PO Box, car registration, voter's registration has always been Louisiana. I have owned an empty homesite in Louisiana the whole time as well. However, if I were to go through BK, my intention would be to move to Colorado permanently (although once through with BK, I could tap into my 401K and live anywhere in the world.)

Anyway, if residing in a state is defined as where I slept that night, then the # of months in each state would be:

Louisiana - 5-1/4

Colorado - 4-1/2

Illinois - 4

Texas - 4

Oregon - 3

Tennessee - 2 (this is where I am at as I type)

KY, OH, ID, WA - the rest

I have only considered states in which I have slept for at least 1 week.

Now, as I understand the law, the state to file in is the state in which a majority of the time in the last 24 months is where I lived - which means someplace that is over 12 months. Unless I get a job in Louisiana, or I have been approved for my home loan, and would be supervising the construction, I am not planning on going back there. In all probability, if I have not found work somewhere, I will simply move to Colorado, to meet my financial maker. Since this time would be the same as the time I had spent 2 years earlier, as each month of living in Colorado would fall off, a new month would be added, so for quite some time, these number would stay the same (followed by the time in Illinois, and then Louisiana.)

And for folks who have not been living in a single state for more than 12 of the 24 months, it seems that the federal guidelines would be used. So it looks like I would need to file federally, which I suppose could be anywhere, but since I have the property in Louisiana, it would make more sense to do it there. But since I would plan to live elsewhere, obviously it would make more sense to do it wherever I would happen to be, but still using the federal guidelines.

What do you think?

[frogger]

With all of your official records being Louisiana, combined with the time spent there, I would say that you are probably a resident of Louisiana.

[backtoschool]

I went back and calculated where I have been living from Nov 1, 2007 to Oct 31, 2009 (i.e., expected, presuming I stay where I am at until the end of October.)

My official address of record for banks, driver's license, PO Box, car registration, voter's registration has always been Louisiana. I have owned an empty homesite in Louisiana the whole time as well. However, if I were to go through BK, my intention would be to move to Colorado permanently (although once through with BK, I could tap into my 401K and live anywhere in the world.)

Anyway, if residing in a state is defined as where I slept that night, then the # of months in each state would be:

Louisiana - 5-1/4

Colorado - 4-1/2

Illinois - 4

Texas - 4

Oregon - 3

Tennessee - 2 (this is where I am at as I type)

KY, OH, ID, WA - the rest

I have only considered states in which I have slept for at least 1 week.

Now, as I understand the law, the state to file in is the state in which a majority of the time in the last 24 months is where I lived - which means someplace that is over 12 months. Unless I get a job in Louisiana, or I have been approved for my home loan, and would be supervising the construction, I am not planning on going back there. In all probability, if I have not found work somewhere, I will simply move to Colorado, to meet my financial maker. Since this time would be the same as the time I had spent 2 years earlier, as each month of living in Colorado would fall off, a new month would be added, so for quite some time, these number would stay the same (followed by the time in Illinois, and then Louisiana.)

And for folks who have not been living in a single state for more than 12 of the 24 months, it seems that the federal guidelines would be used. So it looks like I would need to file federally, which I suppose could be anywhere, but since I have the property in Louisiana, it would make more sense to do it there. But since I would plan to live elsewhere, obviously it would make more sense to do it wherever I would happen to be, but still using the federal guidelines.

What do you think?

Where have you been the majority of the time in the last six months?

Where will you be until May 2010 when you file?

[UpsideDownMI]

Where you file is determined by your domicile. Based on your post, Louisiana is your domicile.

[swampwiz]

Where have you been the majority of the time in the last six months?

Where will you be until May 2010 when you file?

Texas would be the place with a majority.

If I go to Colorado (which I would plan to do), it would be Colorado.

Of course, May is 6 months away, so I could pick my state. I guess I could change my address and all that BS, but that could complicate things if I have the mail going to somewhere i happen to not be (hey, if I get a job, I would go there!)

[biotechsolution]

where do you vote?
where is your driver's liscense issued?

that would be state to file in.

[lrprn]

"."

(from http://thismatter.com/money/credit/b...quirements.htm)

With so little time spent in any one state, it may be possible for you to use the federal exemptions. Only an experienced bk lawyer in the state you choose to file in can answer if this is true in your situation.