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Well yes and no. The actual bankrutpcy laws are FEDERAL and all Bankrtuptcies are handled by the FEDERAL BANKRUPTCY COURT system. The major features of the tax code are therfore universal. However, certain States have enacted laws that the Feds adhere (opt in/out) to that effect overall fairly minor aspects (albeit perhaps beneficial to some) in the long run, like interpretations on what property may be exempt...or is defined as what...generally these changes act to conform the Feds definition to the local ones or custom (like is a mobile home real estate or personal property, etc).

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15y ago
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13y ago

No, the same BK laws apply in every state since BK law is federal law and applies throughout the country. The only differences would be that each state has the option of using federal exemtions or can make their own exemptions.

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13y ago

You think that you are bankrupt in one state and decide to live in another state, you will still be bankrupt.

Of course. YOU are bankrupt. Wherever you are. You do not get to pick and chose what is included, (everything is), nor do you get to say where. (Obviously your creditors can be anywhere when you file, so your BK is everywhere).

Moreover, Bankruptcy Court is a FEDERAL court system.

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Q: Does bankruptcy follow you from state to state?
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Has the state of Michigan ever filed for bankruptcy?

No. No state has ever filed for bankruptcy. States are not coverd by current U.S. bankruptcy laws.


Can you file bankruptcy on the IRS in Washington state?

No. Federal taxes may not be discharged regardless of which state the bankruptcy is filed.


Does the constitution prohibit a state from declaring bankruptcy?

No, the only mention of bankruptcy is that Congress shall have the power to enforce uniform bankruptcy laws.


What qualifies you to declare bankruptcy?

There are General Federal Laws that govern Bankruptcy. Each state may have additional laws regarding bankruptcy. So Is Best to consult an attorney or financial adviser in your state.


If you are being sued as a cosigner on a repossessed car for a bankrupt limo co in NJ will this lawsuit follow you if you move to a different state?

It would depend on why they are sueing you and also what the disposition of the bankruptcy is.


How long after a chapter 7 bankruptcy can you file another chapter 7in the state of Tennessee?

Bankruptcy is Federal jurisdiction, therefore, the state has nothing to do with it. Usually, when you file bankruptcy, you cannot file for another 7 years, Period. No matter which state you live in.


Do state supreme courts hear bankruptcy cases?

No. Bankruptcy cases go through Federal Bankruptcy Court, and are not part of the states' jurisdiction.


How long are you affected by bankruptcy?

depends on the state


Does your bankruptcy affect a mortgage still held in both your names even though you are divorced?

Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.


Does it matter how much the debt is in the state of Texas?

The whole country has been operating in a state of bankruptcy since 1931. In fact this is the 4th Bankruptcy our union has faced.


Can you file back child support in a bankruptcy in the state of Alabama?

Bankruptcy is a Federal process and has no effect on child support. Bankruptcy does not dismiss child support debts.


What a bankruptcy laws regulating by?

The federal government and the state