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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a husband and wife are married but seperated, one lives

Customer Question

If a husband and wife are married but seperated, one lives in South Florida and one lives in Orlando, want to file a joint bankruptcy petition, can they do so even though they are located in seperate jurisdictions and assuming that one of them would be willing to drive down the jurisdiction of the other for the 341 meeting?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

It is possible for the married couple to file a joint bankruptcy, however they should use the residence where they did reside as a married couple or the residence where both resided for the last 3 years if they did live together at that place.

WALLSTREETESQ :

Since they both live in the same state, the issue of State exemptions and residency will not be an issue, so their would not be much of a problem and it is common for separated individuals to do this.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

JACUSTOMER-55wkqx5e- :

But the jurisidctions are different. One would be considered in the southern district of Florida and one would be considered in the jurisdiction of the Middle District of Florida

WALLSTREETESQ :

It does not matter they both follow FL and Federal exemptions,

WALLSTREETESQ :

in terms of jurisdiction to file, it should be the place both resided as a married couple if their is one.

WALLSTREETESQ :

The other party should also consider change their license to the address where they will file as well.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

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