filing question

I want to file BK, I now live in TX, but have not been here 6 months, so I am not allowed to file, I still have my lic from another state, would I be able to file in my prervious state? I really do not want to wait another 2 months...
but i do not want to do anything that will get the bk dimissed either.

I want to file BK, I now live in TX, but have not been here 6 months, so I am not allowed to file, I still have my lic from another state, would I be able to file in my prervious state? I really do not want to wait another 2 months...
but i do not want to do anything that will get the bk dimissed either.


Well, Texas (Like I said) is a creditor unfriendly state. So garnishment is not allowed..Yes, you'll probably have to use you old state exemptions for bankruptcy, but I believe you CAN file in Texas. :yahoo:

If I am wrong, be assured I shall be corrected by the wise ones who reside here :yahoo:

Where abouts in TX? I was looking at property in Lampasas some months ago...I nearly bought in Killeen..(Mothers Birthplace) :blush2:

As I understand it, the rules about residency are about what exemptions you can use, like Geneco said. I'm not sure if you would have to file in the old state though. This is a great question to ask a BK attorney on a free consultation!

Well, Texas (Like I said) is a creditor unfriendly state. So garnishment is not allowed..Yes, you'll probably have to use you old state exemptions for bankruptcy, but I believe you CAN file in Texas. :yahoo:

If I am wrong, be assured I shall be corrected by the wise ones who reside here :yahoo:

Where abouts in TX? I was looking at property in Lampasas some months ago...I nearly bought in Killeen..(Mothers Birthplace) :blush2:

I live houston, tx

i spoke with two attorneys, and they said I must live here for six months before i can file, and ive only been here 4 months. my chap 7 should be fairly simple, repos and credit is all i have to file, no home, and 1 broke down auto.

Well, Texas (Like I said) is a creditor unfriendly state. So garnishment is not allowed..Yes, you'll probably have to use you old state exemptions for bankruptcy, but I believe you CAN file in Texas. :yahoo:

If I am wrong, be assured I shall be corrected by the wise ones who reside here :yahoo:

Where abouts in TX? I was looking at property in Lampasas some months ago...I nearly bought in Killeen..(Mothers Birthplace) :blush2:

"creditor unfriendly?" meaning creitors are unfriendlly? then you said
garnishment is not allowed, would suggest people are unfriendly
to creditors :)

"creditor unfriendly?" meaning creitors are unfriendlly? then you said
garnishment is not allowed, would suggest people are unfriendly
to creditors :)


It pretty much means that if you are judgement proof (no non exempt assets such as car with plenty of equity or bank account) your creditors are pretty much screwed with or without bankruptcy protection.

It pretty much means that if you are judgement proof (no non exempt assets such as car with plenty of equity or bank account) your creditors are pretty much screwed with or without bankruptcy protection.

yep, i got nothing but a broke down car below zero resale value,
and no accounts.

As I understand it, the rules about residency are about what exemptions you can use, like Geneco said. I'm not sure if you would have to file in the old state though. This is a great question to ask a BK attorney on a free consultation!

yes, I got emails out to attnoreys, i guess they are tired
of giving out free advice.

I want to file BK, I now live in TX, but have not been here 6 months, so I am not allowed to file, I still have my lic from another state, would I be able to file in my prervious state? I really do not want to wait another 2 months...
but i do not want to do anything that will get the bk dimissed either.


I was living in one state and about 3 months after moving to it I tried to file for a Ch 13. Everything was good to go until we got to the 341 and the trustee kicked it because of residency requirements. Why the attorney didn't catch it is beyond me. Needless to say, I ended up having the 13 dismissed because of another situation, which takes me to my present Ch 7.

I was living in Ohio and had to file the case before I could move, otherwise I would be under the new state's residency requirements. *If* you risk it and file using your old address info, the trustee can get picky and kick your case because in essence, you are lying about where you live, and exemptions are different from state-to-state. I filed the case in Ohio, was cleared to move, and did so about a month later. I had to go back up to attend the 341 but otherwise all is good so far. :)

Good luck, nonetheless.

Is there a pressing problem that you cannot wait another 2 months??? Then file in Texas.....
Really 2 months is not very long, in the mean time, don't pay anything but utilities, auto (if keeping) and rent.
Put some money away to pay the attorney.....