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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-14-2003, 12:48 PM
ebarct
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moving and filing ch 7


What is the name of your state? IN

Is it a good idea to sell my home and use the profits for a move out of state, purchase a new home and pay tuition for a tech school to begin a new career, and then shortly after i've settled in, file ch 7?

Should i get as much from the home sale or try to keep it under the $7500 exemption?
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Old 05-14-2003, 02:43 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If you move out of state, you will have to wait 6 months to meet the residency requirements to file in the new state. Any transfer of property for up to a year before you file can be seen as a fraudulent conveyance, so you need to be careful. If the move was necessary, then selling the house likely wouldn't be questioned. If you're going to buy another house, you'd better do it BEFORE you file, otherwise it'll be a few years before you can again.

You can do all that you mentioned, but you really should wait at least 6-12 months afterwards before you file. Using the profits to pay for school and other non-necessities and NOT paying your creditors won't look good.
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