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jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience:  Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
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Im going to be filing for bankruptcy soon and would

Resolved Question:

I'm going to be filing for bankruptcy soon and would like to know if Florida and New york have similar bankruptcy laws. I currently live in Florida and have heard that Florida is bankruptcy friendly but there is a possibility I will be moving to New York and may have to file there. I have $75,000 in credit card debt and will owe money on a car lease that I have stopped paying for. I have no assets and I make $36,000 a year. Will it be better to file in Florida or New York? Will there be a huge difference in my ruling depending on which state I file in?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  jbrlaw replied 8 years ago.
No, in your case, there won't be much of a difference.

Florida has certain "homestead" laws that protect an owned residence, but you don't have one. Also, each state has seperate lists of exemptions, the property that will be protected from your creditors. Again, with no assets, you won't have to worry about this.

One thing that I have found is that if you owe taxes to one state and file for bankruptcy in another, the taxing authorities are reluctant to contest their discharge, since they do not want another state make a ruling that will hurt them on other bankruptcy cases in the future.

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Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.

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