What State In Which to file

[GB77]

I am now a resident since October, 2005 of Mississippi, having lost my rented
home and all contents in Louisiana. I know that I would need to use Louisiana exemptions under a Chap. 7 if filed, but would I be able to file in Mississippi near where I live, or must I travel back down to the New Orleans area?

[JimH]

I am now a resident since October, 2005 of Mississippi, having lost my rented
home and all contents in Louisiana. I know that I would need to use Louisiana exemptions under a Chap. 7 if filed, but would I be able to file in Mississippi near where I live, or must I travel back down to the New Orleans area?

You file in the jurisdiction of your current address. You will have to use Louisiana exemptions.

[SinkingFast]

The problem with filing in your new area may be finding an attorney, if you're going that route. We also moved and don't meet the residency requirements to go with the new state's exemptions. One attny I called turned us down for a consultation and will not represent us for BK. He said with the new laws he has enough to deal with. He doesn't even want to test the waters of having to use another state's exemptions.

[GB77]

JimH and SinkingFast: Thanks for your help. My niece in Natchez knows an attorney who I can go see now, but I didn't want to waste the time if it was going to be necessary to go back to Louisiana for the actual filing. Her attny does BKs but not in Louisiana. Again, thanks.

[StaciMM]

Let us know how it works out-this is a great question and w/ the new laws will come up more often. Under the old, all you had to do was live for 91+ days out of the last 180 to file where you lived. For most people it can take a few weeks to a few months to prepare to file, so I don't think that caused much of a an issue-assuming the only preference was convenience of getting to the 341.

Now, you have to be there for 2 years or use the exemptions for the state you lived in for the majority of the 6 months before the 2 years, or file under federal exemptions. I doubt an attorney and a trustee in one state will be up to date on other state's exemptions, but its going to come up more & more as there are alot of people that don't live in one state for 2 years. Some attorneys may not want to mess with it, but they will have to...

[bkfiler]

Under the old, all you had to do was live for 91+ days out of the last 180 to file where you lived.

just to be clear, so you can move around, back and fourth, in and out of the sate county you wanted to file in for the last 180 days as long as you lived in in that county for at least 91 days total when all was said and done?

besides, i always though it was where i lived for the last 180 days is where i have to file. (as a side note you also had to list addresses going back for a full 2 years total just for reference). never knew anything about the 91 days at all.

[StaciMM]

Old Law: Was based on state. You filed where you lived the majority of the previous 180 days & used those exemptions. I doubt too many people would move and then file where they just moved from-probably would wait the 3 months and 1 day to file where they moved to rather than traveling back for the 341. I don't think moving from one county, or even to a different different district in the same state mattered.

[bkfiler]

you have to file in the county you live in. at least we have to. im sure the otehr states are like that too. regardless of the county however, thte state exemption remain the same all over that state.

[StaciMM]

Here, there are 3 districts and each serves certain counties. But its the county you live when you file-doesn't matter if you moved in last week from somewhere else in the county...

[bkfiler]

i think im gonna have to say i disagree.

however, i am assuming that since bk is a federal matter that what my bk petition needs and what everyone elses needs is the same.

the petition states:

VENUE: Debtor has been domiciled or has had residence in this district for 180 days immediately preceeding the date of this petition or for a longer part of such 180 days than in any other district.

this means you have to file in the district you live in for the last 180 or the longer part of the 180 days, which means 91+ im guessing.

but it does seem that county matter.

why did you make me get the ebbe jeeebies and pull out my petition. makes we break down and cry and weep all over again. i feel so bad not paying the people i owe. (happy dance!)

[bkfiler]

well ok i see what you mean, district serves multiple counties. you win.

[StaciMM]

Good thing we're not attorneys. It is interesting to debate. You could be right-about the time in district. But, since the state determines the exemptions, it would not change anything by being in a different district.

[bkfiler]

oh please! ive talked to many attorneys. they dont know much either lol.

[StaciMM]

No argument there-but they do have good resources of info & are likely to know people who know something...

oh please! ive talked to many attorneys. they dont know much either lol.