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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 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.

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โˆ™ 2013-02-28 15:14:18
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Q: 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?
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Related questions

If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?


Has testa corp filed chapter 11?

Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.

Has bachrach filed for bankruptcy?

Yes, on May 6th, 2009, Bachrach LLC filed chapter 11 bankruptcy protection.

What is a No Opposition Order in a Chapter 13 when a Motion for Relief from Automatic Stay is filed?

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.

When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2000 under old bankruptcy laws?


Can you declare bankruptcy now that your first bankruptcy is discharged?

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.

How do you file a voluntary dismissal of a chapter 7 bankruptcy?

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

When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2003?


Can you file chapter 7 again if you filed bankruptcy in 2001?

my chapter 7 bankruptcy discharged Jan 2002 when can i apply again

When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2004?

You must wait 8 years after the filing of the petition before filing another chapter 7.

If you filed bankruptcy last month when are you eligible to file bankruptcy again?

A Chapter 7 can be filed again eight (8) years after the discharge. A Chapter 13, can be filed four (4) years after the discharge of a Chapter 7, 11 or 12; and two (2) years after the discharge of a previous Chapter 13.

Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?

If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.

How does a client get their money back if the business files for bankruptcy?

It depends on the chapter they filed and the financial state of the company, most likey not, that is why the filed for bankruptcy, they have no funds.

Can the terms of your Chapter 13 bankruptcy be changed if you become pregnant unexpectedly?

A "motion to modify" a chapter 13 can be filed for almost any reason. Contact the BK trustee for the exact procedures required.

In Kentucky How long after bankruptcy can you file chapter 7 and can you file chapter 13 after chapter 7?

You can file bankruptcy again 7 years after the last time you filed.

Can a judgment be made on a person who has filed chapter 7 bankruptcy?


How long will a dismissed bankruptcy stay on your credit?

:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.

It has been six years since you filed bankruptcy when can you file again?

it has been 7 years since a chapter 7 was discharger. when can i file another chapter 7?

If you filed a chapter 7 bankruptcy in mi and it is discharged how long do you have if you need to file an amendment?

If you filed a Chapter 7 bankruptcy in MI and it is discharged, you can amend whatever document you want at any time. It does not matter whether it is during the process of bankruptcy or after the discharge.

Can a client that filed bankruptcy five years ago file bankruptcy again?

Yes but chapter 13 only, chapter 7 after 8 years

Will bankruptcy trustee take pain and suffering settlement?

If (a) you filed Chapter 7 *AND* (b) the injury occurred *AFTER* you filed, no. Otherwise, you should discuss it with your bankruptcy attorney.

Is Six Flags going to close due to Bankruptcy?

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Is chapter 7 bankruptcy clear 10 years from court announcement or hearing date?

Chapter 7 Bankruptcy will be removed from a credit report 10 years after the date the Bankruptcy was FILED.

Can you file chapter 7 bankruptcy if you filed in 2005 in kentucky?

If the 2005 BK was a chapter 7, then no, you would only be able to file another chpt. 7 bk in 2013.

When you file chapter 7 bankruptcy and the case was dimissed will this show up on my credit report?

Yes. It will show that you filed bankruptcy and that the bankruptcy was dismissed.