I still have my driver's license and 'official residency' in another state but presently work/live in the state of CA. By law, what state would I need to pass the means test? Also, my husband and I are living apart and he is currently unemployed. Would I file as a 1 person or 2 person household? It looks like my income is low enough even as a 1 person household so it may not matter I guess. Thanks.
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Typically you would have to be a resident for the past 2 years to be able to file in any state.. ie... If you lived in CA for the past 6 months, but previously lived in AZ for the prior 3 years you would have to file in AZ and use their means test (I believe)
hope this helps,Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010.... -
Need to correct this - there is a lot of misconception out there.Originally posted by enginegirl View Post
1. You file in the state (jurisdiction) where you have been domiciled for the "better part of 180 days" (91 days). OP files in Maryland if that is her current domicile and she has been there for at least 91 days.
2. You use the exemptions of the state you are filing in UNLESS you have not lived in that state for the 2 full years prior to filing. If you have not been in the state for the 2 full years you generally use the exemptions from your prior state. OP would be using California exemptions as she has not been out of that state for more than 2 years.
3. Means testing is based upon the jurisdiction you file in, not your prior state. OP would be using tables associated with Maryland if she files in Maryland.
Des.Comment
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Thank you SO much for the information. I've lived/worked in CA for the last 8 months. The Means Test in MD actually has a higher median income while CA is MUCH better with exemptions. It sounds like I have to go with MD's exemptions though. Is the two person household a stickier situation? We're separated (not legally) so am I still considered a 2 person household? Thanks again for your help.Comment
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Ok, so I had it reversed. You moved from Maryland to California. Sorry about that. You file in California but use Maryland exemptions. Means testing is based upon median income where you are filing (California) As to your husband, does he reside in California? You mentioned he is not working. Unless your husband wants to file with you, you should be a household of one with the allowed marital exclusion on form 22.Originally posted by overthedebt View Post
Des.Comment
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Thanks Des. He lives in Maryland. I live in CA. He isn't filing with me. Now I just need to find a good attorney in CA for a consult. There are so many to choose from I don't even know where to start. I just wish I followed through on this sooner. I've literally burned 100% of my paycheck the last 8 months paying minimums while never making a dent in the principal whatsoever.Originally posted by despritfreya View PostComment
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Hi overthedebt,
I've literally burned 100% of my paycheck the last 8 months paying minimums while never making a dent in the principal whatsoever. A clue Sherlock! Ah yes, this is truly a case for Ch 7....
Get some good legal advice on filing with and without X-hubby, there can be some benefits and pitfalls over single filer vs joint filing.
Hope this works for you!
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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