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How does the trustee know how long you've lived in a state?

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    How does the trustee know how long you've lived in a state?

    We're filing BK in March which is plenty of time after we move to Florida where we fall in greater of 180 days (91) days of living there so we can file federal exempt. However, out of curiosity, how does the trustee know how long you've lived in a place? Do they ask you at the 341 hearing for proof? The lawyer said they really don't check, but said that we still need to wait the 91 days just in case. But I'm curious as we are renters now how he/she will know?

    Thanks!

    #2
    The simple act of filing the petition is where you affirm, under penalty of perjury, that you meet the jurisdictional requirements of BK. And the petition does ask for prior addresses (or at least it used to).

    But as a practical matter, trustee's don't look into it.

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      #3
      Can be a tricky issue if you move from a cold place in the winter time to a warm place - example from northern Minnesota to Florida, if you're an appartment dweller and just rent. Live/work in Minnesta for 6 months, and then in Florida for 6 months, and have two drivers' licenses.

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        #4
        Just like income taxes. If you get audited, you are in BIG BIG trouble!!!!
        Chapter 7 Pro Se....Discharged Feb. 2006

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          #5
          Thanks, it won't be an issue as we're waiting the 91 days, just wondering how they know.

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            #6
            Pay stubs. Bank Statements. Paperwork the Trustee will see that could be evidence of when you moved.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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