Residency Requirements for Bankruptcy

[suziedebtridden]

Does anyone know if the residency requirements for bankruptcy in a state are posted anywhere. I'm especially interested in Washington State.

Thanks!!

 

[racer72]

Does anyone know if the residency requirements for bankruptcy in a state are posted anywhere. I'm especially interested in Washington State.

Thanks!!

You are considered a resident if you have been in the state for 30 consecutive days.

 

[suziedebtridden]

Thank You for your quick response!

Thanks for your quick response.

 

[Indiana Filer]

You are considered a resident if you have been in the state for 30 consecutive days.

The response was quick, but incorrect.

You can file bankruptcy in the state where you lived for the majority of the previous 180 days. In other words, you have to live in the state at least 91 days to file there.

 

[GaAtty]

GaAtty

Since bankruptcy is in federal court, and under federal law, NOT STATE LAW, the residency requirements are the same for whatever state you live in. The response of 30 days was for residency under STATE LAW. The federal bankruptcy law says (like the previous responder stated) that as long as you live in the state a majority of 180 days, you can file there.

 

[vgmhilliard]

valid correction

The response was quick, but incorrect.

You can file bankruptcy in the state where you lived for the majority of the previous 180 days. In other words, you have to live in the state at least 91 days to file there.

I fully agree. I specifically checked the laws of CA and it is exactly that 91 days rule. I am pretty sure it is the same in all states.

 

[vgmhilliard]

Ppl living abroad

....... The federal bankruptcy law says (like the previous responder stated) that as long as you live in the state a majority of 180 days, you can file there.

Which apparently means that US citizens living/working abroad EFFECTIVELY CANNOT file for BK, right???? or are there any ways to do it getting US diplomatic missions abroad involved?

 

[AttorneyOney]

The venue rules are stated in 28 U.S.C. 1408. What is required is that the debtor's "domicile, residence, principal place of business in the United States, or principal assets in the United States" be in the filing district for the past 180 days or for a longer portion of the last 180 days than in any other district.

If someone moves from the Northern District of state A to the Southern District, venue is proper in the Southern District after 91 days. If someone moved from state to state, managing to hit all 50 states in the course of 180 days, whatever state they'd been in the longest would be the right place to file.