Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: “What proof of seperation and proof of residence do I need to file bankruptcy in Colorado?”
Answer: You don’t need any kind of proof of separation since you can file for bankruptcy separately even if you’re happily married. Also, you can file for bankruptcy immediately upon moving to Colorado if you wish. However, you won’t be able to use Colorado’s exemptions … instead, you’ll have to use Arizona exemptions (assuming you lived there long enough). In order to prevent debtors from “shopping” for the best exemptions by moving to debtor friendly states just prior to filing for bankruptcy, the federal law basically states that you must use the exemptions in the state where you lived in the 6 month period from 2.5 years ago to 2 years ago. If that is Arizona, then you must use Arizona exemptions.
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I moved to Arizona in January from Colorado after living there for 29 years so I assume it will be Colorado exemptions. My one concern is to file seperately including assets in Colorado because it is a friendly split with my husband and I want to make sure his assets are safe. From what I have heard it is true becuase Colorado is not a community property state. I just don't know what proof of residency I need for Colorado, such as a drivers license?
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