Sunday, February 22, 2015

I gave my home back and now I have a civil judgement I have left that state can I file bankrumptcy in that state

Question

I gave my home back and now I have a civil judgement I have left that state can I file bankrumptcy in that state



Answer

Assuming you've lived where you currently live for at least 180 days, you should file where you currently live. Bankruptcy is federal jurisdiction; a bankruptcy court's order is good anywhere in the USA. The underlying debt for the civil judgment will go away upon discharge of the properly listed debt, and, on motion, notice and hearing, the court can order the judgment itself to be lifted, regardless of the location (within the USA) of the affected property.

If you've lived where you now live for less than 180 days, you're in this weird jurisdictional limbo; you really can't file anywhere because you no longer reside in the prior state, so you don't meet residency requirements there, but you haven't yet met the residency requirements of your current state. Wait for the 180 days since you moved to expire before you file, then file where you live.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.



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