Just moved can I file in previous state

[mike387]

Hi Folks,
Nevada seems to have better dollar amount for cars and assets and filing there was not a choice before we moved.
"If" we file, it would be in 3-4 months, can I still file in Nevada as state of residency since my current state WA says 3-6 months(confusing) for residency. Have only been in WA for a week.

Below means test for both states

Thanks for the help.

Sorry forgot this question also.

My Dad gave me a boat for nothing when he moved to WA last June and now that I moved up here I'm giving it back to him, not because of the bankruptcy but just because it's the right thing to do. Any ideas if this will trigger anything. It's 20+ years old.

[lrprn]

"If" we file, it would be in 3-4 months, can I still file in Nevada as state of residency since my current state WA says 3-6 months(confusing) for residency. Have only been in WA for a week.

Sounds like you will be in WA long enough to establish residency before filing, but that's a good question to ask your lawyer (or ask during your free or low-cost initial interviews with 3-4 WA lawyers) before doing anything. Since you aren't living in NV any longer and have moved to another state, I think it's unlikely you can file in NV since more than 3 months will have passed. This is another good question to put on your "ask the lawyer" list.

However, when you file you must use Nevada's exemptions even if you file in WA. The current bk law requires that you live in a state for two years before you can use its exemptions.

My Dad gave me a boat for nothing when he moved to WA last June and now that I moved up here I'm giving it back to him, not because of the bankruptcy but just because it's the right thing to do. Any ideas if this will trigger anything. It's 20+ years old.

Normally it's not a good idea to transfer any assets, especially to an insider relative, within a year of filing. Unless the 20+ year old boat is worth several thousand dollars if it was sold, your trustee is probably not going to be interested in it.

Frankly, just being practical - if your dad gave you the boat as a gift and assuming there's no paper trail, I don't know how anyone would find out that you just give the boat back to him and don't list it as an asset when you file.

This is the third good question to to put on your "ask the lawyer" list before doing anything. Keep us posted about what you find out, ok? Good luck!

[funEface]

We moved from NV to KS (at the time of filing we had been in KS for almost 1 year and NV for 6 years) We filed in KS and had to use NV exemptions. The state you use for exemptions is the "state in which they lived for the greater part of the 180 days prior to the two year look-back period. This provision is found in the new Section 522(b)(3) of the Bankruptcy Code."