Bankruptcy Chapter 7, but I'm moving?

[MrBaconHawk]

I need to file for Chapter 7, I currently live in Hawaii, I am moving to Utah in 1-2 months. I am a resident of Utah but I lived temporarily in Hawaii for 11 months. So basically, up until April 2016 I lived in Utah, then from April 2016 until now I lived in Hawaii (but I have not gotten residency here, and filed my taxes as a resident in Utah). I am moving back to Utah but I need to file for bankruptcy right away because I'm being sued on March 23rd and I want to stop the law suit (for a debt). Should I file while I'm still here in Hawaii then move to Utah shortly after or should I file in Utah (I'm moving on March 21st, court is on March 23rd so it would be cutting it close)

What are my options? I definitely will be moving before May, and I definitely have to file for bankruptcy.

 

[Zigner]

I need to file for Chapter 7, I currently live in Hawaii, I am moving to Utah in 1-2 months. I am a resident of Utah but I lived temporarily in Hawaii for 11 months. So basically, up until April 2016 I lived in Utah, then from April 2016 until now I lived in Hawaii (but I have not gotten residency here, and filed my taxes as a resident in Utah). I am moving back to Utah but I need to file for bankruptcy right away because I'm being sued on March 23rd and I want to stop the law suit (for a debt). Should I file while I'm still here in Hawaii then move to Utah shortly after or should I file in Utah (I'm moving on March 21st, court is on March 23rd so it would be cutting it close)

What are my options? I definitely will be moving before May, and I definitely have to file for bankruptcy.

I don't know why you think that don't have residency in Hawaii. You are no longer a resident of Utah.

 

[adjusterjack]

What are my options? I definitely will be moving before May, and I definitely have to file for bankruptcy.

Then you'd better get busy right now and see a bankruptcy lawyer in Hawaii.

Bankruptcy takes time to prepare all the financial documents, get your credit counseling and you might even have to do your 2016 taxes before you can file your bankruptcy petition.

Understand that bankruptcy will cost you about $1500 to $2000 and the lawyer will want his fees up front so make sure you have the money.

I suggest you call and make an appointment with a lawyer ASAP.

Meantime, if you want to get a head start on compiling the necessary information you can get all the forms and schedules at:

http://www.uscourts.gov/forms/bankruptcy-forms

 

[LdiJ]

I need to file for Chapter 7, I currently live in Hawaii, I am moving to Utah in 1-2 months. I am a resident of Utah but I lived temporarily in Hawaii for 11 months. So basically, up until April 2016 I lived in Utah, then from April 2016 until now I lived in Hawaii (but I have not gotten residency here, and filed my taxes as a resident in Utah). I am moving back to Utah but I need to file for bankruptcy right away because I'm being sued on March 23rd and I want to stop the law suit (for a debt). Should I file while I'm still here in Hawaii then move to Utah shortly after or should I file in Utah (I'm moving on March 21st, court is on March 23rd so it would be cutting it close)

What are my options? I definitely will be moving before May, and I definitely have to file for bankruptcy.

You do not have to file for bankruptcy before the court date. Whether the creditor gets a judgment against you or not does not matter in a bankruptcy. However, you do need to file for bankruptcy before your wages would be garnished or your bank accounts levied.

 

[quincy]

Here is a link to MrBaconHawk's other recent thread on the forum: https://forum.freeadvice.com/small-claims-courts-24/being-sued-another-state-631931.html

It probably would have been nice for MrBaconHawk to add his latest questions to his other thread, so forum members have the entire story already discussed elsewhere.

 

[latigo]

I need to file for Chapter 7, I currently live in Hawaii, I am moving to Utah in 1-2 months. I am a resident of Utah but I lived temporarily in Hawaii for 11 months. So basically, up until April 2016 I lived in Utah, then from April 2016 until now I lived in Hawaii (but I have not gotten residency here, and filed my taxes as a resident in Utah). I am moving back to Utah but I need to file for bankruptcy right away because I'm being sued on March 23rd and I want to stop the law suit (for a debt). Should I file while I'm still here in Hawaii then move to Utah shortly after or should I file in Utah (I'm moving on March 21st, court is on March 23rd so it would be cutting it close)

What are my options? I definitely will be moving before May, and I definitely have to file for bankruptcy.

I stand to be corrected, but it is my understanding that if you return to Utah the federal bankruptcy residency requirements are such that you will not be able to file for debtors relief in that state until 91 days have elapsed.

However, without question and contrary to your present belief you CANNOT claim to have been a resident of Utah during the extended period you have been living in Hawaii. Residence merely requires bodily presence as an inhabitant in a given place. Unlike domicile it does not require the intention to make that place one's permanent home.

Incidentally, where does your wife stand with respect to these creditors? Were any of these debts incurred post marriage? It is a subject you need to review with your bankruptcy attorney.

 

[MrBaconHawk]

All of these debts were before our marriage, I will be the only one filing. Whether I start filing in Hawaii or Utah, doesn't matter. If I have not lived in my state for greater than 2 years, then they go by the state I lived for a majority of the last 6 months, which would be Hawaii. I'm just wondering if I should retain an attorney in Hawaii and file in Hawaii (then move a month after) or if I should retain a lawyer in Utah and file there.

 

[latigo]

All of these debts were before our marriage, I will be the only one filing. Whether I start filing in Hawaii or Utah, doesn't matter. If I have not lived in my state for greater than 2 years, then they go by the state I lived for a majority of the last 6 months, which would be Hawaii. I'm just wondering if I should retain an attorney in Hawaii and file in Hawaii (then move a month after) or if I should retain a lawyer in Utah and file there.

What is this an echo? Or isn't 91 days the greater part of 180 days?

And it makes a great deal of difference "whether you start filing in Hawaii or Utah". But then you seem to have everything under control without assistance from this quarter. Excluding of course the ability or desire to live within your means.

I would like to be a fly on the wall in the first meeting of creditors and listen to you explain how you managed to travel to and from Hawaii and reside in that upper market, exotic atmosphere for 12 plus months and avoid contributing a red cent to your hapless creditors. Beach combing?

 

[MrBaconHawk]

Thanks for being considerate, but I live in Hawaii because I am staying with my wife's parents. I often do not eat at all. If I do eat, it is once, maybe twice a day. I have sold everything I own to pay my creditors. All I have left is my phone and my guitar. But hey, thanks for assuming I'm gaming the system.

 

[MrBaconHawk]

And not to mention, the plane tickets here were paid for by their mother. Their parents also used $4,500 of their own money to pay off my 450% APR payday loans. I'm trying to find a way to pay them back and do whatever else I can to pay my other creditors. I can't control the situation I was put in, I can only control what I do to solve it. And in the end, I care most about my family. Creditors unfortunately come second to them. So yes, I will feed my wife and 1 year old first. And yes, I will skip out on meals to save what I can to pay my creditors. I'll sell my stuff, I'll do what I can to make money. But don't villianize me for being unable to give more than I have.

 

[justalayman]

How will you attend to court proceedings in Hawaii once you move to Utah?

How will you afford to travel to Utah once you file in Hawaii? Your property becomes under the full control of
The BK trustee. Additionally you claim you have no money. Unless you sprout wings how do you intend on getting to Utah? Gifts can be seriously problematic. The trustee has use of what was your money to pay your debts. I suspect the trustee would rather the gift to purchase airline tickets be used to pay creditors.

You've got a lot of problems.

Oh, and any payments made to your inlaws less than 90 days prior to filing may result in them being sued by the trustee to reclaim preferential payments to creditors, if they don't relinquish the money willingly.