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State residency used against me?

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    State residency used against me?

    4 years ago, I was in California.
    I got a job in New York and initially moved home to live with my parents in Pennsylvania.
    I've since moved to New York 2 years ago, but never updated my residency (from PA to NYC). My license is still of a PA resident.

    I understand this may be bad from a tax return perspective, and I'm hoping we can avoid the shaming...

    If I were to file for bankruptcy though, will this severely hurt my case throughout the process or when I meet with the trustee?
    Can I simply own up to it and say I will update my tax status to that of a New Yorker?
    Or maybe it's possible that this won't get up brought up? I mean, I re-fill my Metrocard (subway) every week, so it's pretty obvious, if they look through all my transactions.

    I've already spoken with a NYC bankruptcy lawyer; all he said was I need to make sure I get a NYC license if I wish to file through him, and to contact him back in 5 months, since that's the earliest I would be able to file.
    Frankly, I'm not sure if he implied it doesn't matter, he felt rushed, or he didn't want to think too deeply, as he'd like to collect his fees later on anyway.

    Any thoughts would be appreciated.






    #2
    They don't use your identification or license to determine your domicile. That's determined by where you live and/or intended to live as your primary residence. But, having your license issues by the State of New York would yield fewer questions, from the Chapter 7/13 Trustee, than if you had an out-of-state license. First, as you know, you're supposed to change your license within 30-days of establishing residency anyhow... so there's that.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      kindabroke, one of the key tenants of filing for, and succeeding through, a bankruptcy is to avoid the possibility of needing to answer uncomfortable questions. The more your documentation reflects your current status as a resident, driver/commuter, and employee in a particular region, the better your chances. As justbroke said, get your license and residency (from a taxation perspective) squared away before you file.
      Latent car nut.

      Comment

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