But I'm Moving!!!!

[jamesd1967]

Hey does anyone have any idea if when I leave my 341 hearing I can just simply drive away out of town and relocate. Am I required to inform the trustee or is that really none of their business???? I really wouldn't think that there is such a thing preventing a person from moving at anytime during his or her bankruptcy....???? Maybe, it's better to not just say a word about it during my 341 hearing...........

[HHM]

They cannot prevent you from moving, but you should update your address for purpose of notice.

[backtoschool]

They cannot prevent you from moving, but if you are moving out of the country and need to come back for an AP or a reaffirmation hearing or a continued 341 or something that may be an issue.

I am not sure if you are allowed to leave the country but I am sure you could move within the country as long as the court has your address.

[HHM]

Your case ends 60 days after 341 meeting anyway. The 341 meeting is not the end of your case, but it is usually the last event where the debtor needs to do anything.

[BKDefender]

To be a little more correct - they cannot keep you from moving, but you are required by law to notify the trustee of your new address. It's not optional.

If nothing happens in your case after the 341 then even if you don't notify them your case will be done and closed successfully. BUT if anything at all happens - a creditor objects to your discharge, an adversary proceeding is filed, whatever - if you don't have an up-to-date address then you won't get the notice and there can be problems.

--William

[JackBondLove]

What if I would be taking a temporary job out of town after the 341? My plan is to wait until after the 341, and then look for work, which these days means having to go on the road. Would my homestead exemption be in jeopardy by even stating that I have moved away for a temporary job? Wouldn't my attorney get notice of any hearings? If I did move, would I be able to appear in the district court of the new location? Or should I just wait until after the discharge to look for work?

Here, temporary job means something that the IRS deems worthy of having temporary living expenses be untaxed, which usually means less than a year, and the permanent residence has to be a place that meets certain guidelines, such that folks who have no real permanent residence don't get to get living expenses untaxed.

[BKDefender]

Your homestead exemption applies at the date of your bankruptcy filing, so if you were protected by your homestead exemption when you filed, it wouldn't change if you moved afterwards. (disclaimer - "At least in Nevada it wouldn't change")

--William