HOME
ABOUT
SERVICES
LOCATIONS
TESTIMONIALS
BLOG
FAQ’S
FREE CONSULTATION
CONTACT
EMAIL OR CALL FOR A FREE CONSULTATION:
631-271-3737 WEISS@NY-BANKRUPTCY.COM OVER 30 YEARS EXPERIENCE!
Residency Requirements for a Bankruptcy Case Experienced bankruptcy attorneys know how substantially bankruptcy rules and requirements can vary from state to state, including the available homestead exemptions, general exemptions, and the income and spending requirements to qualify for Chapter 7 bankruptcy under the means test. Due to these
CONTACT US Name*
differences, some people may wonder whether they can move to a different state briefly in order to benefit from more lenient bankruptcy laws and exemptions. This is commonly called “forum shopping,” and is
Email*
generally not a realistic notion due to the residency requirements for bankruptcy cases. In 2005, Congress set out to reduce the potential abuse of bankruptcy laws by passing the Bankruptcy Abuse
Phone*
Prevention and Consumer Protection Act of 2005 (BAPCPA).[1] Despite claiming they based the changes on “consumer protection,” the changes made by the Act are generally unfavorable for consumers and tend to
Message
favor businesses filing for bankruptcy instead. In addition to other restrictions for Chapter 7 eligibility, BAPCPA also set out stricter residency rules for certain aspects of bankruptcy cases. Filing the Petition
I'm not a robot
The federal United States Bankruptcy Code[2] governs bankruptcy cases; therefore, you must file bankruptcy
reCAPTCHA Privacy - Terms
petitions in federal court. However, you must determine in which federal district court you must file your petition, which depends on where you live. BAPCPA did not alter the filing residency requirements for bankruptcy, which are as follows: Based on the majority of the past 180 days, (i.e., 91 days) you can file in any of the following districts: Where you lived Where you keep your primary assets
SUBMIT
The location of your principal place of business Under this rule, imagine that you lived in New York for years and recently moved to Connecticut. 60 days after moving, you decide to file for bankruptcy. Because you lived in New York for 120 of the past 180 days, you would need to file in the proper New York district or wait longer to file your petition in Connecticut. Where you file your petition dictates which means test threshold you can use to qualify for Chapter 7. BAPCPA amended the U.S. Bankruptcy Code[3] to require Chapter 7 filers to pass a means test based on the median income in each state. Since the median income varies widely from state to state, you may easily qualify for Chapter 7 bankruptcy in one state but not in another. If you may move to another state soon or very recently moved from a different state, you should discuss your options with a highly skilled bankruptcy lawyer who can advise of the implications of filing in each state.
Bankruptcy Quick Links
Strict Residency Requirements for Applicable Exemptions It is critical to understand that simply because you meet the residency requirement to file in a certain state does not automatically mean that state’s exemptions will apply to your case. This is because BAPCPA
What Is Bankruptcy? Who Can File for Bankruptcy Protection?
enacted[4] significantly stricter residency requirements for the specific purpose of exemptions. Congress
What Are the Benefits of Bankruptcy?
intended this to limit the number of filers who moved to new states, waited more than 91 days, and then
What Are the Alternatives to Bankruptcy?
made use of more beneficial exemption allowances.
Are There Different Types of Bankruptcy?
The law now bases your access to state exemptions on the location of your domicile for the 730 days (two
What Are the Qualifications for Bankruptcy?
years) prior to the date of your bankruptcy petition. Determining your legal domicile depends on many factors and not necessarily on your physical presence in a particular state. Instead, domicile exists where you have a permanent home to which you intend to return. Some factors that indicate domicile include where you: Own property Register to vote Register a vehicle and hold a driver’s license Primarily work Have your primary bank accounts Attend church Participate in community groups File taxes Send your children to school
How Do I Rebuild Credit After Bankruptcy? When Should a Bankruptcy Case Be Filed? What Is a Chapter 7 Bankruptcy Case? What is Chapter 7 Long Island Means Testing? What Is a Chapter 13 Bankruptcy Case? What is a Chapter 11 Bankruptcy Case? New York Bankruptcy Resources
Imagine you own a house in one state where you have deep ties to the community, and you rent an apartment in another state with more generous exemptions. You travel back and forth for two years and then file for bankruptcy in the more generous state. The court may find that you always intended to return to your original state and, therefore, that is your true domicile. You will then lose the benefits of the more generous exemptions. Some people do not have a true continuous domicile for the two years prior to filing bankruptcy. In this
Foreclosure Quick Links What Is Foreclosure? What if I'm in Default and/or Threatened with Foreclosure?
situation, the court will look to your domicile for the 180 days (six months) prior to that two-year period. If
What if I'm Served with a Summons & Complaint?
your domicile is unclear for that period as well, you will not have access to the exemptions of any states and
Should I Defend the Foreclosure Action?
instead, will have to apply the federal exemptions.[5]
What are Some Foreclosure Defenses?
Considering available exemptions is critical prior to filing for Chapter 7 bankruptcy. Some states – like New
Should I Attend Foreclosure Conferences?
York – allow you to choose between the state set of exemptions and the federal set of exemptions, while others limit you to state law. You should always discuss with a skilled bankruptcy attorney whether the exemptions available in your case will adequately protect your property and assets, including your home, car, financial accounts, inheritance, and more. If you have too much property that will be vulnerable to liquidation,
What to Do in a Prolonged Foreclosure and/or if a Judgment Has Been Entered?
you may want to discuss the possible pros and cons of filing for Chapter 13 bankruptcy instead of Chapter 7.
What to Do if There's Notice of a Foreclosure Sale?
When BAPCPA made sweeping changes to consumer bankruptcy laws, it served as a reminder that
What if My Home Was Already Sold in a
bankruptcy restrictions and opportunities can be ever-changing. It is essential that you speak with a lawyer
Sale?
who stays fully apprised of all current requirements, means test threshold, exemption amounts, and more, so they can properly advise you of all possible implications of a bankruptcy case. Consult with an Experienced Nassau County Bankruptcy Lawyer about Your Options Today At the Law Office of Ronald D. Weiss, we regularly see how bankruptcy can provide life-changing debt relief for
Modification Quick Links
our clients. We carefully evaluate your situation in order to provide the best possible advice regarding whether bankruptcy – and what type of bankruptcy – is right for you. With decades of experience handling Chapter 7,
What Is a Mortgage Modification?
11, and 13 bankruptcy cases throughout Suffolk County and Nassau County, you can trust you will receive
How to Obtain a Mortgage Modification?
the highest quality of legal assistance. Call 631-271-3737 or contact us online today.
What to Do if Denied/Approved for a Modification?
[1]
https://www.justice.gov/sites/default/files/usao/legacy/2006/09/07/usab5404.pdf
[2]
U.S. Code: Title 11
[3]
11 U.S. Code § 707(b)
What if My Lender is Being Overly Difficult? What Are Options Besides Mortgage Modification?
[4]
11 U.S.C. Code ยง 522(b)(3)
[5]
11 U.S.C. Code ยง 522
Can We Help with Modifications & Negotiations?
Debt Negotiations Quick Links What are Foreclosure Non-retention Options? What are Foreclosure Retention Options? What are Credit Card Negotiations and Settlements? What are Business Negotiations and Settlements? What are Landlord Negotiations and Settlements? What are Tax Debt Negotiations and Settlements? What are Student Loan Negotiations and Settlements? What are Medical Debt Negotiations and Settlements? What is Credit Repair?
FREE CONSULTATION Evening Appointments Available
631.271.3737
LAW OFFICE OF RONALD D. WEISS, P.C. Uniondale Branch Office Location
Hauppauge Branch Office Location
626 RexCorp Plaza Rm 681
150 Motor Parkway Suite 401, Rm 424
(516) 858-3003
(631) 223-4810
BY APPOINTMENT ONLY NY 11556
BY APPOINTMENT ONLY NY 11788
Manhasset Branch Office Location
Bohemia Branch Office Location
Valley Stream Branch Office Location
1129 Northern Boulevard Suite 404
80 Orville Drive Suite 100, Rm 225
70 East Sunrise Highway Suite 500
(516) 853-3003
(631) 223-4502
(631) 479-3243
BY APPOINTMENT ONLY NY 11030
BY APPOINTMENT ONLY NY 11716
BY APPOINTMENT ONLY NY 11581
Hicksville Branch Office Location
Mineola Branch Office Location
100 Duffy Ave Suite 510
34 Willis AveMineola
(516) 853-3003
BY APPOINTMENT ONLY NY 11501
MELVILLE MAIN OFFICE LOCATION
734 Walt Whitman Rd #203, Melville, NY 11747 631-271-3737 Weiss@Ny-Bankruptcy.Com
BY APPOINTMENT ONLY NY 11801
We accept most major credit cards:
The Law Office of Ronald D. Weiss, P.C. is a debt relief agency as such term is defined under the United States Bankruptcy Code. Our law firm concentrates in bankruptcy law and in foreclosure solutions. This is an attorney advertisement. This website is designed for general information only. The information presented on this website should not be construed to be legal advice nor the formation of an attorney-client relationship. Past results do not guarantee future outcome.
© Copyright 2020 Law Office of Ronald D. Weiss, P.C. for all contents of this website. All rights reserved. Powered by WebDesignYou Corp.
PDFmyURL.com - convert URLs, web pages or even full websites to PDF online. Easy API for developers!