Florida and BK anyone know....

[so_far_in_debt]

Just found out today that I will most likely be moving to Florida in the next couple of months. Just wondering who kind of experiences people in Florida have had with BK. Not sure if I should file here in Michigan before I go or wait until I get to Florida.

[HHM]

It really won't matter; since if you file anytime soon, you won't meet the residency requirement to use Florida exemptions, it really won't matter; you will end up using Michigan exemptions, either way. That being the case, you are probably better off filing in Michigan where the lawyers know the local exemption scheme.

[bige1030]

If you file on your own, you should base your decision on which court has better trustees. The exemption scheme you use won't matter, as HHM said - you have to use Michigan exemptions unless you wait two years after moving to file. But yet the process may be easier in one place than in another.

If you file with an attorney, follow HHM's advice and file as soon as you can - you wouldn't have to go back to Michigan from Florida to do the 341 meeting.

[FilingOnMyOwn]

I did exactly what you are talking about. But you will need to live somewhere at least 90 days before filing. Or technically, the greater half of 6 months.

[SinkingFast]

Hubby moved first and the rest of the family followed later. We were told that I had to be here 180 days before we could file. So that may be part of your consideration too. If you wait to file in Florida, you'll have to live in the State a while.

Having to use out of State Exemptions can make finding an attny a bit more difficult. Some simply don't wanna deal with it. Our attny actually contacted a BK attny in the old home State to clarify how to use some of the Exemptions. As our attny said, "There's the wording of the Statutes and then there's the application of the Statutes." The two may not be one and the same.