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    Moving to another state and filing

    Please help me understand this. I have a house in state A. I am over median income on form 22A for means testing in state A. I move to state B. Do I use the median income amount for state A or state B.

    All I can find in my research is that you use the original states exemptions for 2 years, but I don't care about exemptions, I care about passing the means test.

    #2
    You use the median income applicable to the state you file bk in. If filing in state b you will need to reside there for the "better part of 180 days" before you can file. That means 91 days.

    Des.

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      #3
      I believe you have to use your former states median for the first three years while residing in your current state.

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        #4
        Originally posted by jacko View Post
        I believe you have to use your former states median for the first three years while residing in your current state.
        I believe your belief is not correct. You use the "applicable state" per Rule 1007(b)(4). "Applicable state" is not defined by the Bk Code however, as far as I can tell, the only provision in the Code that utilizes any state other than the one in which the case is filed is 11 USC 522 dealing with exemptions. If someone finds some other provision dealing with this issue, please post it.

        Des.

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          #5
          Des, your first answer was correct. Use median income for the state in which you file your case.
          I am a lawyer licensed to practice in NY and CA, but I'm not your lawyer unless we have a signed agreement that says so. Nothing in this post should be considered legal advice.

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