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Which state to live in / file BK in?

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    Which state to live in / file BK in?

    I've been reading the forum for while and would like to thank you all in advance for the invaluable help I've already received. Here is my question:

    I am considering filing Ch. 7 in the next few months. I currently live in one state and work in another. I live right on the border. I'm considering moving to the state I work in but want to run some numbers by you.

    The median income for a family of 1 in the state I live in (State A) is much higher than the state I work in (State B). My income falls just under the median (by about $100 - so it is VERY close). Although I'm under the median, the cost of living for my town is quite cheap. Running the means test all the way through, and it appears that I have enough money to pay for a Ch. 13 which I do not want. I know I'm technically under the median, but I've been informed that because I'm so close and because the region I live in has such a cheap cost of living, I might be pushed into a Ch. 13 anyway.

    State B (the state I work in), has a much lower median income. I make about $10k a year more than the median. But the cost of living is much higher in the city where I work (and where I'd move to). Running through the means test for that region, I pass with flying colors. In other words, it says I could qualify for Ch. 7 because of the cost of living (standard expense deductions).

    So what should I do? Should I stay in State A where I'm barely under the median, but the cost of living is low and there is a risk I could be pushed to Ch. 13 anyway? Or should I move to State B where I'm definitely over the median income, but the cost of living is so high, I easily pass the means test?

    I am not worried about exemptions. I have very few assets and what I do have would be exempt no matter which state I filed in.

    Thanks!
    Filed Ch. 7 (no asset): 12/30/2008
    341 Meeting: 01/26/2009
    Last Date for Objections: 03/27/2009
    Discharged & Closed: 03/30/2009

    #2
    I know we can be a little paranoid at times about what is posted on here, but if you replace "STATE A" and "STATE B" with the actual names, you'll probably get much more help.
    Filed: 7/31/08
    341: 9/19/08
    Report of no distribution 10/23/08
    DISCHARGED: 11/19/08 (Day 60)

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      #3
      Originally posted by Dirk Squarejaw View Post
      I know we can be a little paranoid at times about what is posted on here, but if you replace "STATE A" and "STATE B" with the actual names, you'll probably get much more help.
      Sorry, I didn't give the state names because I didn't think it mattered since I am not asking for state-specific advice. The states are Virginia and North Carolina. I'm asking should I take the risk of filing in a state where my income barely falls under the median (VA), but I don't pass the means test due to low cost of living in my area (and I'm not giving my zip code, so don't ask) ? Or, should I move to a state (NC) where my income is above median, but the city I'd be living in has a higher cost of living, making passing the means test possible?

      This is the means test I took: http://www.legalconsumer.com/bankruptcy/means-test/

      Is it difficult to file Ch. 7 if your income is above median, even if you clearly cannot show disposable income when you take the means test?
      Filed Ch. 7 (no asset): 12/30/2008
      341 Meeting: 01/26/2009
      Last Date for Objections: 03/27/2009
      Discharged & Closed: 03/30/2009

      Comment


        #4
        Usually your home state is where you live. If you move, it will probably be six months residency before you can file under the new state's rules, or you are stuck with the old state rules even in the new state. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Originally posted by AngelinaCatHub View Post
          Usually your home state is where you live. If you move, it will probably be six months residency before you can file under the new state's rules, or you are stuck with the old state rules even in the new state. 'Hub
          That's ok. I am not planning on filing for several more months anyway, and I'm on a month to month lease, so I can move at any time. I'm just holding off on moving until I figure out if I would be better off filing here or better off filing there.
          Filed Ch. 7 (no asset): 12/30/2008
          341 Meeting: 01/26/2009
          Last Date for Objections: 03/27/2009
          Discharged & Closed: 03/30/2009

          Comment

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