3 states in the past three years; how will this effect my filing?

[queenfluff]

Ok, I searched for this and didn't see anything on it so I will start new thread.

I went to sign my petition papers today. My lawyer said everything looks good and the only thing I might have to be concerned about for my 341 will be my dates that I moved during the last three years. There is that section on the questionairre about listing where you lived the last three years.

I am not sure but I think it has something to do with the state exemptions. He said something about that but I don't really understand what that is.

I have been in three different states in the last three years since my filing at present.

Three years prior to my filing right now:

april 2006 - aug 2006 - Illinois
sept 2006 - jan 2008 - Wisconsin
Feb 2008 - oct 2008 - California
nov 2008 - present -Wisconsin (same address as when I was here before)

My bf and I had moved to California last year because we were supposed to have jobs there with a friend of ours but it fell through after we got out there. I didn't work when I was out there because economy starting getting really bad- no jobs.

In all, for the last years, I was in Wisconsin for 23 months, Illinois for 5 and California for 9.

My dates are not exact but the months are correct for the most part. Except in California when we moved back we were on a month to month so no lease. We actually got back here to Wisconsin in the second week of November. I had no lease here in Wisconsin. I had one in Illinois (which I still have copy of) and we had one for part of the time we were in California, the rest of the time was month to month. I can't find that lease but it was only for Feb to early Sept 2006 (6 month)

I am confused. Does anyone know why my lawyer would concerned about these dates? He says the dates have to right but he doesn't think it is going to be a problem but they might ask me specifically about it in the 341 meeting. Do you think he is wanting EXACT dates? I could provide those but I didn't think it was that important. I figured by month is OK. Maybe the number of days I spent in each state is important?


If anyone has any insight on this, I would appreciate it.

[StartingOver08]

Your attorney is concerned because the 2005 BAPCA has a residency requirement:

Residency requirements. If a filer has lived in their current state for less than 2 years, then the bankruptcy provisions of the previous state of residence are applied. (This is to prevent debtors from moving to a state with more favorable bankruptcy laws and then immediately filing bankruptcy.)

You might ask your attorney about this though, because I remember reading something about being a resident in your current location at least 91 days prior to filing (but I can't find it right now).

[queenfluff]

Your attorney is concerned because the 2005 BAPCA has a residency requirement:

Residency requirements. If a filer has lived in their current state for less than 2 years, then the bankruptcy provisions of the previous state of residence are applied. (This is to prevent debtors from moving to a state with more favorable bankruptcy laws and then immediately filing bankruptcy.)

You might ask your attorney about this though, because I remember reading something about being a resident in your current location at least 91 days prior to filing (but I can't find it right now).

Ah ha! I see! I didn't know about that. I am just learning everything as I go along. Thanks!. Well, I have been currently in Wisconsin for more than 3 months so if what you say is true than I am OK there.

Well, I found this that it explains it a little bit more detailed on this site here:

http://www.bankruptcyhq.com/Understanding_bankruptcy/what-are-new-laws

"6. Residency Requirement
You may claim your state’s bankruptcy exemptions if you have lived in that state for a 2-year period (730 days) prior to the filing of your bankruptcy. If you lived in multiple states during that 2-year period, you must use whatever state’s exemptions you resided in 6 months (180 days) before the 2-year period. In other words, where you lived 2.5 years before your Bankruptcy was filed. "

Hmm, if is correct, I am cutting it just under the wire here. Wow!

Technically, 2.5 (2 years and 6 months ago) yrs ago, I was in Wisconsin. I hate counting backwards with the months. But 2.5 years ago was November 2006 right? So I think I am in the clear for Wisconsin exceptions.

It looks like me being in California last year isn't a problem (I asked him today because he expressed concern about it last time and that he was going to look into it and he said he did that it isn't an issue.).

If I had to do it by dates, here is the low down:

(actually my lawyer said he is filing it next week I guess so maybe april 20 - maybe it doesn't matter - not sure)

Year 1 prior to filing
From april 13, 2009 to april 13, 2008 - I lived in Wisconsin and California

November 17, 2008 to April 13,2009 - Wisconsin
Nov 10, 2008 to Nov 17, 2008 - in transit
Feb, 9 2008 to Nov 12, 2008 - California

Year 2 prior to filing:
From April 13, 2007 to April 13, 2008 - I lived in California and Wisconsin

as of Feb 9, 2008 - California
Feb 3, 2008 to Feb 9, 2008 - in transit
Feb 2, 2008 - Feb 2, 2007 -Wisconsin

Before the 2nd year:
April 13, 2007 - Sept 2006 (that's 8 months) - I was in Wisconsin
Aug 2006 - Aug 2005 - Illinois

I think I actually moved to Wisconsin either the last week of August or second to last week. I moved a bit early and took time to clean and stuff. I would have to look on my cc statements to see when I rented the truck. I honestly can't remember. I definately wasn't Sept 1 though. I just know my lease was up 8/31/2006.

I had to look on my statement from November to see what dates we moved back to Wiscons was because it is all a blur. I though it was earlier in the month but I guess it was second week. We took our time getting back a bit.

Funny how these little details can be so hard to remember!