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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Question Determining Residency for Bankruptcy Purposes I

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Question: Determining Residency for Bankruptcy Purposes?

I moved from NC to PA 3 months ago. I now have a PA driver's license, work and live full time in PA but I have a home in NC that was foreclosed. I am trying to declare bankruptcy but I don't know where I can declare residency: NC or PA? I have no business or other property in NC however if this former home is in the process of foreclosure BUT not finished (meaning it hasn't sold at auction yet) can I still use my old home address in NC as my legal residence for bankruptcy purposes or do I need to wait to establish residency where I live now (in PA) and declare BK in PA instead? I've been told it will take 6 months to establish residency in PA.
For bankruptcy jurisdiction, you file in the state where you have resided for the greater part of the last 180 days. Therefore, once you have been in PA for 91 days, you would file in PA. You can still have assets in other states, but once you've been in PA for 91 days, you satisfy the bankrutpcy jurisdiction requirement. Talk to a local bankruptcy attorney for a free consultation. They can confirm your jurisdiction rule, and discuss the allowable protections available to you based on where you have lived and which state's exemptions will apply in your case when you file. Most offer free consultations. Thanks for your question, and good luck.
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