What happens when you move to a new state and file bankruptcy?

[Emmy]

This is our situation. My dad is offering my husband a job in a different state. It would pay quite a bit more than he is making now but we would still be under the median for that state.

I know from google that you have to live in the new state for 2 years to claim the state exemptions for personal property/assets. No problems doing that as we don't have a lot of personal property and are no asset chapter 7 case.

My question is what about the median income, housing allowance, standard of living and all of that? Will that also go by the old state limits or new state? New state the rent is much higher so we would really need the new state limits for housing and living standards.

Moving and this new job would be an awesome opportunity our family. I just don't know how all the works out with the new laws.

[lrprn]

When you move to another state before filing bankruptcy, you establish residency in that state (and the length of time for this varies from state to state). After you establish residency, then as I understand it you file in the new state using the new state's median income and other housing/utility/transportation requirements, but with your old state's exemptions.

Average cost of for non-mandated living expenses (food, clothing, etc) is based on your new state since that's where you now live.

It's best if you move and then wait to file for a few months to get a sense of what your new living expenses in your new state are going to be.

Good luck - hope everything works out for you, Emmy!

[Emmy]

Thanks LRPRN!

I did find that you have to be a resident for 6 months in the state just to file. I don't think that would be an option. It would seem to risky to have 6 months that a creditor could sue and get a judgment and we wouldn't be able to do a thing about it. Plus we just want to get this thing behind us. I'm so sick of thinking and worrying about it all. I started another thread to try and figure out how it will work if we file BK here soon and then move right after. I hope it works out too.