Legal Question in Bankruptcy in Nevada

Re: resident

Thanks for your posting. The bankruptcy court needs for you to live six months out of the past year in the jurisdiction where you want to file to be able to file your petition.

So, the short answer to your question is 6 months.

As far as proof, the main proof is your declaration, under penalty of perjury, that you've lived there for the past six months.

Re: resident

3 months. Drivers license and social security card.

Residency requirement for bankruptcy

As the two California attorneys have said, the law says "180 days" (approximately 6 months) or "for a longer part of such 180 days than in any other District.," which means 3 months and one day if you lived one other state before moving to Nevada.

However, there is a loophole to this requirement. Unless a creditor files an objection with the Court to your bankruptcy (and it is complicated & expensive to do this), the Court does not care if you have spent the time living in the state or not because this requirement about venue (proper location) rather than jurisdiction (authority of the court to act). So I wouldn't worry about residency.

By the way, there are lots of loopholes in the Bankruptcy laws. That is why it is crazy to try to save a few bucks using a paralegal instead of getting an experienced bankruptcy attorney. Your bankruptcy attorney can save you more than you can imagine and that cheap paralegal can cost you many times more than the the attorney's fee.