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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am married. I live in NM, she lives in Utah for two years..

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I am married. I live in NM, she lives in Utah for two years.. Our home is in foreclosure waiting for a court date. Can we file for bankruptcy together living in different states.. we are considering bankruptcy for the deficiency amount owed on the home(In NM) when the courts rule and the sherriff sale is done.
Hello,

Thank you for your question.

You and your spouse can file bankruptcy in a joint petition even though you were residing in different states. You would each be entitled to use the exemptions of the state that you have resided in for the better part of the past 2 years but may file the petition in either state
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