Under the bankruptcy code, there are residency requirements that determine where a debtor may file for bankruptcy relief. Debtors may file Chapter 7 or Chapter 13 bankruptcy where they have resided for the greater portion of the 180 days preceding filing.
Therefore, to file bankruptcy where you live, you must have lived in your current location for at least 91 days prior to filing your bankruptcy case.
How Do I Document My Current Location For The Purposes Of Filing Bankruptcy?
If you have recently moved to your current home and are considering filing bankruptcy, you may need to provide documentation to establish your domicile. Some examples of that documentation include home lease agreements, a utility bill, a voter registration card, or a driver’s license.
What Exemptions Apply When Filing For Chapter 7 Or Filing Chapter 13 Bankruptcy Relief?
Exemptions are used to protect the equity in your property when you file a Chapter 7 bankruptcy or to help determine how much you will pay your creditors in a Chapter 13 bankruptcy. Because exemptions vary from state to state, determining which exemptions apply to your bankruptcy is important.
If you have lived in a state for the 730 days (2 years) prior to filing your bankruptcy, you will use the exemptions of that state or federal exemptions, if permitted.
If you have not lived in your current state for at least 730 days prior to filing your bankruptcy case, you then look to the state where you lived for the 6 months prior to the 730-day period before filing your case.
If you are considering filing Chapter 13 in Lebanon Missouri, it is important to speak with a knowledgeable bankruptcy attorney to determine where you may file your bankruptcy and what exemptions apply to your case.
