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.
Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.
Yes, on May 6th, 2009, Bachrach LLC filed chapter 11 bankruptcy protection.
In 37 years of bankruptcy practice, i have never seen a "No Opposition Order." If no opposition to any motion is filed, after the time allowed for such oppositions, the court issues an order allowing the motion, stating that no opposition was filed.
It depends on the chapter you filed under. If you filed under Chapter 7, you have to wait 8 years before filing again. If you filed under Chapter 13, you only have to wait four years.
You can have your Chapter 7 claim dismissed as long as the dismissal will not harm your creditors. This is filed with the court in much the same way as when you initially filed for chapter 7 bankruptcy
my chapter 7 bankruptcy discharged Jan 2002 when can i apply again
You must wait 8 years after the filing of the petition before filing another chapter 7.
A "motion to modify" a chapter 13 can be filed for almost any reason. Contact the BK trustee for the exact procedures required.