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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12826
Experience:  B.A.; M.B.A.; J.D.
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I fell behind in payments in Sept and decided to move to AZ

Customer Question

I fell behind in payments in Sept and decided to move to AZ to be close to my father, in order to do that I need to quit a good job in Apr and file ch 7 in June that also happens to put me out of range for the means test in MD until I am unemployed for two months. I also need to give up a house that is in -25% equity in order to leave for AZ, not an issue of course just another reason for bankruptcy. I am concerned that my case may be dismissed because it could be looked at is if I am only quitting my job to qualify for ch 7? How concerned do I need to be about dismissal, should i possibly file in AZ, however their exemptions are not nearly as good as MD
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Could you clarify?

When did you move to Arizona? Need day and month

When did you quit your job? Need day and month
Customer: replied 1 year ago.

All to happen yet. I don't plan to move to AZ until after the bankruptcy, if possible. I plan to quit on Apt 12 and file in late June, possiby moving after the 341 meeting if I can?

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:



All to happen yet. I don't plan to move to AZ until after the bankruptcy, if possible. I plan to quit on Apt 12 and file in late June, possiby moving after the 341 meeting if I can?




Your Question: I fell behind in payments in Sept and decided to move to AZ to be close to my father, in order to do that I need to quit a good job in Apr and file ch 7 in June that also happens to put me out of range for the means test in MD until I am unemployed for two months. I also need to give up a house that is in -25% equity in order to leave for AZ, not an issue of course just another reason for bankruptcy. I am concerned that my case may be dismissed because it could be looked at is if I am only quitting my job to qualify for ch 7? How concerned do I need to be about dismissal


Response 1: Not too concerned because you have a legitimate reason for moving out of state. Also note that income that is used for Means Test is your income for 6 months before the filing of the bankruptcy case. So, if you quit your job in April 2013 and file in June 2013, your income from December 2012 to May 12, 2013 would be used to calculate the Means Test.




should i possibly file in AZ, however their exemptions are not nearly as good as MD



Response 2: You can only file in AZ after you have been domiciled in the state for 90 days before the filing of your bankruptcy petition.





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