Residency for Chapter 7 New Laws

[tyler_d]

What is the name of your state? California

Hi, I was a military veteran who got stationed in California a little more than two years ago in Feb 2004. I've physically resided in California since Feb 2004. I maintained Florida residency during my time in the military.

I got out of the Military in March 2005 and got a CA driver's license with residency right after leaving the military (in March 2005).

The new bankruptcy law says you need to have had residency in the state you're claiming for at least two years. I have physically resided in CA for more than the last two years, but I have had a driver's license/official residency in CA for a little more than 1 year.

So for the purposes of filing a chapter 7 which state exemptions will I be using if I decide to file in a few months (FL or CA)? Any help would be appreciated.

 

[tyler_d]

Anyone know how this is determined? Is it from the date you were living in the state or the date you applied to become a resident?

 

[bigun]

My guess would be you may file and use Ca. exemptions since you've resided in the state for 2 years.
Be sure and bring the question to the attention of your attorney.