In what state must I file?

[clubmanager]

I have a house in NC and one in MD but am now renting in AR. We have been here in AR for about 7 months and in MD for 1.5 years. Our debt is tied up entirely in the two homes and we are only renting here. An attorney told us we could essentially file in MD or in AR.

We would prefer to file in MD because we live in a very small town and I understand a notice would go in the paper. That would ruin us even further by losing our jobs!

thanks!

[Frogge]

Hey.. we are in a situation where we are between 2 states. It gave me a big headache figuring out which state we would file under and when. The NEW law reads, essentially:

If you have not been in your current state of residence for at least 2 years, you must file under the state that was your primary residence for the majority of the 180 days prior to the 2 years before your filing date.

This is an "iffy" part of the law (STUPID in my opinion) because "residency" itself can be argued. We have a window of about 1 1/2 months that could be either... which I assume is essentially what your attorney is telling you --based on you moving but still owning property.

Good luck to you.

[JRScott]

It is illegal to fire you because of Bankruptcy, however a bankruptcy can be grounds to limit promotion and/or new jobs especially if bonding is required for the job.

With multiple residences it would probably be advantages to check the exemptions of each station and then file in the best state for your situation.

[clubmanager]

Yeah, I know it's illegal but there are ways.....the problem is that I am the proverbial 'big fish in a small pond' and it would be juicy for people around here.

What are the options re: public notice? Does it even have to happen at all considering my debts were not incurred in the state of current residence?

[AngelinaCat]

Any filing becomes a matter of Public Record. Anyone who wants to can go to the court house and look up your file. As to the local newspapers, some publish those things, others don't. Ours used to post civil actions such as marriage license applications and divorce, but that was many, many years ago and the newspaper has had a couple of changes in ownership and editors in the meantime.

I guess what I'm trying to say is that whether your BK is published in the newspaper is up to that newspaper's policy and the general editor.

On the residency issue, also look into the Federal exemptions. Sometimes, but not always, you can choose to use the Federal Exemptions, if they are better than the State Exemptions. Here though, you have to choose one or the other. You can't mix and match.

Good luck.