A frequently asked question by people dealing with unmanageable debt who might be either moving to or from Minnesota is - where should I file? You might also wonder whether the timing of a filing is relevant in such a situation, or whether it might be more advantageous to file in one state versus another. Herein we shall answer this questions and analyze how the process of selecting a venue for filing bankruptcy functions.
To begin with, it is typically assumed that you will file bankruptcy in the state where you reside at the time of filing. Of critical significance here is the distinction between being present somewhere, and residing there. While you might visit another state for work or leisure, such an occurrence does not render this place your home. Thus, it is typically assumed that you will file bankruptcy in the state where you presently live or reside, rather than the state where you happen to be present on the date of filing (although these can be one and the same, and you certainly can file bankruptcy in a state while present there).
This begs another question, which is simply – how does a bankruptcy court determine residency? For the purposes of determining a venue for filing, residency is determined by where you have spent the majority of the 180 days immediately preceding filing - e.g. the state where you resided for 91 (or more) days during that 180 day time frame. If you have not spent at least 91 days in one single state during the 180 days before filing bankruptcy, then you would file in the state where you spent the most time during that 180 day time frame.
As this naturally suggests, you may therefore file in a state that you are not currently present in, or which you have recently moved from, if you have not yet spent 90 days in your new home state. Of critical note here however is that venue for filing and jurisdiction for things such as exemptions are distinct from one another. Simply because you can file bankruptcy somewhere does not automatically mean that you may employ this states exemptions in your filing.
CALL NOW FOR A FREE STRATEGY SESSION FROM AN MN BANKRUPTCY LAWYER AT LIFEBACK LAW FIRM
Questions on filing venue and jurisdiction for the rules that will govern a bankruptcy filing, can often feel overwhelming, but luckily, we are here to help! Our expert attorneys are well versed in the rules of determining how, when and where a bankruptcy filing can be pursued, and we would be more than happy to meet with you and discuss when (and where) your bankruptcy should be filed. So, when the time is right, or when you are ready, please don’t hesitate to reach out to Minnesota’s most kind and helpful bankruptcy law firm by going now to www.lifebacklaw.com.
