People move from state to state for several different reasons—taking a new job opportunity, attending school, following a loved one, or getting a fresh start are just a few—and when they move, they might leave behind family, friends, or belongings, but one thing that does not stay behind is their debt. Because this is true, it is very common for people who have just moved to a new place to inquire about their ability to file a bankruptcy to get a fresh start.
Can I File Bankruptcy Right Away After Moving to a New State?
Although filling a bankruptcy is a right that is afforded to us by the Federal Government, what state you live in when you file, and what state you lived in prior to moving, still matter a great deal.
Title 28 USC Section 1408 says a bankruptcy may be filed in a district in which the debtor lived for the greater part of one hundred and eighty days. When someone has moved to a new place and is considering a bankruptcy filing, the rule basically means that they would have to live in the new place for ninety-one days before they would be eligible to file there.
It is important to note that the way the law is written it does not have to be ninety-one consecutive days, it just has to be ninety-one out of the last one hundred and eighty days. So, for example, if you are in Minnesota for school and are considering bankruptcy filing, but then go back home to another state for the summer and return to Minnesota in the fall, you would be eligible to file a bankruptcy in Minnesota as soon as the time you spent in Minnesota before and after your summer vacation equals ninety-one days.
CALL NOW FOR A FREE STRATEGY SESSION FROM A MN BANKRUPTCY LAWYER AT LIFEBACKLAW.COM
So, if you have recently moved to Maple Grove, Minnesota, or any of our other great cities, from out of state and are wondering when you might be able to file a bankruptcy, please visit us at www.lifebacklaw.com (where you can schedule your own chat with one of our attorneys) because we would love to be able to help you get rid of debt and help you take your life back!
