If you filed chapter 13 in one state and moved to another can you file a motion to have the bankruptcy moved to the new state?

Answer 1

Answer

The State you claim Bankruptcy will stay in that state because that's where it was filed, also it is in their Public Records where it was recorded.

No, if the BK was not discharged or if it was a chapter 13, it will be dismissed with or without prejudice and the debtor will need to refile in the state in which they have established residency.

Be advised that unless the move was necessary such as jobrelated the BK petitioner may find themselves answering a lot of questions from a BK judge.

BK is always a FEDERAL court issue. Most of these Federal district courts allow an option to file using the residence states proscribed exemptions and, if for no other reason than to facilitate the process, will use local definitions (of things like what is real estate, etc), in the case. Your moving out of state doesn't make much difference to the Federal court and you can ask them to transfer it to a Fed District court nearer where you now reside. Most will try and oblige, but will require you justify a reason to change venue and show that your not making it unfair on your creditors....if they object...it won't change. Travel back for your hearings if you need. Nor will the rules applied to your case change, even if you move shortly before filing.

Under the "new" BK law of 2005...."Residency requirement: The residency requirement that must be met before the debtor can file his or her case in a particular court was changed -- a debtor reside in a state for a period of 730 days (2 years) prior to filing bankruptcy under that state's exemption laws. If the debtor's domicile has been located in more than a single state during the 730 day time period, the law now requires that the governing exemption law will be the state in which the debtor's domicile was located for 180 days immediately preceding the 730 day period "or for a longer portion of such 180 day period than in any other place." This precludes a debtor moving from one state to another to take advantage of that state's more favorable exemption rules.

Homestead exemption: The federal homestead exemption is now limited to $18,450.00. State laws can have different homestead exemptions. If the debtor elects state exemptions, the new law limits the debtor's homestead exemption to $125,000.00 if the debtor's interest was acquired during the 3 1/3 year period preceding the petition date. But this $125,000.00 cap does not apply if: (1) the debtor acquired the homestead interest from the debtor's previous residence; (2) the debtor's previous residence and current residence are located in the same state; and (3) the debtor acquired the previous residence prior to the beginning of the 3 1/3 year period.