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).
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.
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.
No. No state has ever filed for bankruptcy. States are not coverd by current U.S. bankruptcy laws.
No. Federal taxes may not be discharged regardless of which state the bankruptcy is filed.
No, the only mention of bankruptcy is that Congress shall have the power to enforce uniform bankruptcy laws.
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.
It would depend on why they are sueing you and also what the disposition of the bankruptcy is.
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.
No. Bankruptcy cases go through Federal Bankruptcy Court, and are not part of the states' jurisdiction.
depends on the state
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.
The whole country has been operating in a state of bankruptcy since 1931. In fact this is the 4th Bankruptcy our union has faced.
Bankruptcy is a Federal process and has no effect on child support. Bankruptcy does not dismiss child support debts.
The federal government and the state