How Long Do I Have To Live Here To File Bankruptcy?

by Susanne Robicsek, North Carolina Bankruptcy Attorney

May 18, 2007

The “venue” for someone’s bankruptcy (the place it should be filed) is where they have lived for the greater part of the 180 days before they file their case. For people who have moved many times, this might be a bit tricky, but for the majority of people, it is where they have lived for the last 91 days.

Just because you are new to a state, doesn’t mean you can’t talk to an attorney now to discuss filing a bankruptcy case. By the time many people meet with an attorney, come up with the money, information and documents needed for preparation of the bankruptcy petition, that time period is over and they can file where they are living. Of course, if there is an emergency, that attorney might discuss some options, which might include filing in your old state.

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Concentrating in Consumer Bankruptcy Law since 1988; Wake Forest Law School JD 1987 Law Office of Susanne M. Robicsek since 1993, Law Clerk to Judge Rufus Reynolds, US Bankruptcy Judge for Middle District of NC; Burns Price & Arneke, PA, David Badger and Associates, PA.

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Last modified: May 18, 2007