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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Ive been advised by my credit union to file for bankruptcy.

Resolved Question:

I've been advised by my credit union to file for bankruptcy.

I moved to Baton Rouge, LA in August, 2010, from Tennessee to go to graduate school and am unsure in which state I should file. I have a permanent address in Tennessee; but, will be in Louisiana for the next three years.

Any idea? Thanks!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

You can file in the place of your residence (Louisiana) or your domicile (Tennessee). 28 U.S.C. 1408(1). The choice is yours.

However, regardless of where you file, you have to use the Tennessee Bankruptcy exemptions, as that is your domicile (permanent address). Even if Louisiana were your domicile, you would still have to use the Tennessee exemptions, until you have been domiciled in Louisiana for at least 2 years. Bankruptcy Stat. 522(b)(3)(A).

 

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