Moving to New State Right after BK Meeting?

[PandoraZx]

What is the name of your state? CA

Hi Guys,

I have asked my lawyer this question, but she hasn't been able to get back to me yet... so if anyone has any advice to offer (because I need to be planning now), that would be awesome.

I filed for BK Ch. 7 on 4/21/05, and my hearing with the trustee is this Monday, the 23rd... my question is...

I need to pack up and get out of dodge... the cost of living here is increasing, my income (as a programmer, no less) is pathetic and the job market is choking. I work for a Department of Defense Contractor, and Uncle Sam is a peny pincher... at least under the GSA schedule. Ok, on to my point... My boyfriend and I want to pack up in the next month and move to VA where I am originally from. I literally... literally have NO assets. I would like to know if its going to cause a huge fuss if I move before the "official" discharge...

I honestly don't think that anyone can blame me for moving, when my boyfriend and I struggle to pay $1345 in rent per month. That's the best we could find for a tiny one bedroom with our credit unless we wanted to move to a part of town where my white car would be decorated by the natives in blue and red spray paint. As much as I fancy art, I don't fancy it on my car. Ok, yeah, I know... cry me a river. I'm trying to do the smart thing and move to a place where I can afford to eat.

An overview of my BK debt - no credit cards, $75,000 in medical and $4,000 in unsecured loans.

Any advice would be appreciated here. Thanks!

[storybookjim]

two words to think about: FEDERAL law.

And according to my map, Virginia is still in the U.S.. Skipping town will accomplish two things. It will get your BK dismissed. And your creditors will find you and hound you. No assets you say? Think again. That $75,000 debt of yours is considered an asset to your creditors. And time is on their side.

If you really want to be a fugitive, better think different country, not different state.

[Ladynred]

There is nothing to make her a 'fugitive', good grief.

Although the details you give are sparse, it sounds to me like you have little reason to worry about your case being dismissed. There is only ONE absolute requirement for court in Ch 7 bankruptcy, YOU must meet with the Trustee for the 341 meeting. After that ONE requirement is met, there is no prohibition in the BK code that says you can't move somewhere else, it certainly isn't grounds for dismissal of your case. Realistically, you might want to wait a week or two after your 341 to be sure the Trustee or US Trustee isn't going to move for a dismissal for any reason. You should also see what your lawyer says, just to be on the safe side.

Since you do live with another person, it IS possible his income could be considered by the Trustee, but if he can't pay ALL the normal living expenses freeing your income to pay your debts, then its not going to be an issue.

As for the $75K in debt - debt is NEVER an asset and moving across the country to try to better your income and your life is hardly going to get you labeled as a 'fugitive' by anyone - unless you're a con-artist who is committing crimes and avoiding prosecution

[PandoraZx]

Lady, thank you for your educated response. Little storybookjim must have his panties in a wad this morning... gotta feel sorry for that miserable pile. His head is filed with visions of Bonny & Clyde... Anyway...

I won't be able to move for another month yet... and my BK meeting is this Monday, so I'm sure it'll be peachy keen. Obviously... if I had to file BK here, it would be in my best interest (and anyone I will owe money to in the future) to move to somewhere cheaper.

I sent an email to my lawyer yesterday, but she won't be able to get back to me until Monday.

My lawyer included $800 of my boyfriend's income in the BK... which is more than half his income, so I am actually much poorer than the BK makes me seem, but the lawyer didn't want to raise any eyebrows. But actually, he just got laid off two weeks ago because his company is going out of business... so we are even poorer than that! We'd love to stay here, but it's just too much to live here.

Lady, thanks for the info... you rock.

Originally Posted by Ladynred

There is nothing to make her a 'fugitive', good grief.

Although the details you give are sparse, it sounds to me like you have little reason to worry about your case being dismissed. There is only ONE absolute requirement for court in Ch 7 bankruptcy, YOU must meet with the Trustee for the 341 meeting. After that ONE requirement is met, there is no prohibition in the BK code that says you can't move somewhere else, it certainly isn't grounds for dismissal of your case. Realistically, you might want to wait a week or two after your 341 to be sure the Trustee or US Trustee isn't going to move for a dismissal for any reason. You should also see what your lawyer says, just to be on the safe side.

Since you do live with another person, it IS possible his income could be considered by the Trustee, but if he can't pay ALL the normal living expenses freeing your income to pay your debts, then its not going to be an issue.

As for the $75K in debt - debt is NEVER an asset and moving across the country to try to better your income and your life is hardly going to get you labeled as a 'fugitive' by anyone - unless you're a con-artist who is committing crimes and avoiding prosecution

[PandoraZx]

Geewiz, Jim... you really think so? I'm trembling...

Jim, for your own sake and everyone else around you... please take your Prozac and chill out. If you don't, I will have to call the men in white to take you back to the big padded scarey place... and you don't want that... do you?

Oh, and stop watching so much TV... it's rotting what's left of your underdeveloped brain.

Originally Posted by storybookjim

two words to think about: FEDERAL law.

And according to my map, Virginia is still in the U.S.. Skipping town will accomplish two things. It will get your BK dismissed. And your creditors will find you and hound you. No assets you say? Think again. That $75,000 debt of yours is considered an asset to your creditors. And time is on their side.

If you really want to be a fugitive, better think different country, not different state.

[storybookjim]

Yep, I jumped the gun on that one. Incorrectly assumed you were going to just leave town, abandon the bankruptcy responsibilities and hope your creditors don't come looking for you. That's what it looked like to me. Should have asked for clarification first. Or just shut up and stay out of it. Didn't do that either.

I make my share of mistakes. Not too proud to admit it. Sorry for this one.
One mistake I'm pretty good at avoiding though is lack of civility. I sure see a lot of that in this forum.