Legal Question in Bankruptcy in Maryland

Recently Moved to a new state

I have a chapter 7 Debtor that lived in Maryland from 1998 until

9/1/2008. He then moved to Virginia. I was told by someone that he can

still file in Maryland due to a 730 day residency rule. Is this correct?

Thanks!


Asked on 10/12/08, 12:30 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Recently Moved to a new state

Venue for filing is based on the greatest part of 180 days pre-petition. So you have 90 days to file in MD after the move.

Exemptions are based on the 730 day rule, so Md would determine your exemptions. The issue is whether the basic exemptions are available to non-residents, which is not yet decided. If not, you can use federal exemptions, but if they are, you are stuck with only $7000 of exemptions because the extra $5000 is only available to residents.

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Answered on 10/12/08, 10:01 pm


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