No. You generally file in the state where you lived for most of the last 180 days. Exemptions are from that state unless you moved from another state within the last 2-1/2 years and bought land in your new state, in which case you may be limited to your old state's exemptions. (This is to catch people who move to states with unlimited homestead exemptions, such as Texas or Florida.)
Yes, but the amount depends on the exemptions that apply in your state.
If by "property limit" it is meant what personal and real property can be exempted from bankruptcy, that is determined by the type of bankruptcy you must file, federal or state. To discover what the type and amount of property one is allowed to exempt you can search federal bankruptcy exemptions or (name of state) bankruptcy exemptions; in a few states the person can choose to use either set of exemptions or a combination thereof.
You must file in your state of domicile. So even if you are new to a state, you can file a bk there. However, depending on the length of time you have been there, you might not be able to use the current state exemptions and be forced to use the exemptions of your previous state.
Why are you filing bankruptcy if you have money in the bank? You are entitled to exemptions, which may include some money in a bank account. The amount you may exempt will depend on whether your state has its own exemptions or allows you to use the federal exemptions.
Whether you can keep your house and car depend on how much equity is in your house and car and the available bankruptcy exemptions within your state. If the bankruptcy exemptions allow you to protect the equity in these assets then you should be able to keep them in bankruptcy.
No, there are easily applied for exemptions to the charges....ask you court clerk.
Some states require you to use the state exemptions, and what those exemptions provide for married couples may not always be double the individual exemption. Some exemptions, as for a motor vehicle, are not doubled, but each married person gets an exemption if he or she owns his or her own car.
It depends on the exemptions. If you have to use your state exemptions, you will have to ask a local bankruptcy lawyer. If you can use the federal exemptions, you are able to exempt up to $2,025 in work-related property. You may also apply other exemptions, such as the motor vehicle exemption, the wildcard exemption and half of the unused portion of the homestead exemption.
Whether you are entitled to your tax refund will depend on what type of Chapter of bankruptcy you are filing and whether the bankruptcy exemptions can be used to protect the tax refund. If you are filing for Chapter 7 bankruptcy then you can generally keep the refund if the available state bankruptcy exemptions provide protection for it. If you are in a Chapter 13 bankruptcy you are typically required to turn over the tax refunds during the life of the Chapter 13 case.
The creditor will file a writ of judgment. The time the defendent has to respond depends upon state law. After the judgment has been granted it can be enforced in a variety of ways. Garnishment of wages or bank accounts. Liens against real property, liquidation of assets such as stocks, bonds. Each state has exemptions the debtor is entitled to claim. The homestead exemption being the most important to a homeowner. The exemptions allowed in bankruptcy are the same for a lawsuit judgment. In addition there are Federal non-bankruptcy exemptions that can be used. You can find out which of your state's exemptions apply in your situation by searching (name of state) bankruptcy exemptions. Please feel free to e-mail me if I can be of help.
Anyone who is a resident of the state can file for bankruptcy in Wisconsin. There is no restriction on who can file, only for which chapter they can file in.
No, but they do have to file for a judgment in the appropriate state court in the county where the defendant debtor resides. The debtor retains all his or her legal rights to personal and real property exemptions allowed by the laws of the state and if necessary and more advantageous to federal non bankruptcy exemptions.