How long do I have to reside in a stae before I can file a Chapter 7?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long do I have to reside in a stae before I can file a Chapter 7?

Asked on June 28, 2012 under Bankruptcy Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The residency requirement in NY is two years in order to be able to file bankruptcy.  However, if you have not lived in NY for two years, the previous state in which you lived for the majority of the previous six months may be an option for you to consider in filing bankruptcy.  You may be able to use that prior state's exemptions in filing your bankruptcy.  Some states won't allow you to do that and if your previous state is one of those, you can still use the federal exemptions in order to file bankruptcy.  The exemptions in your bankruptcy protect certain types of assets from  creditors.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption