Legal Question in Bankruptcy in Texas

I need to file for chapter 7, the problem is I just moved to Texas from Nevada, I got my ID back in May does this start my residents or my lease agreemant that is from sept 1. Do I file back in NV or Tx?


Asked on 9/21/10, 9:35 pm

1 Answer from Attorneys
Rustin Polk 214bankruptcy.com

The legal answer is that you are supposed to count back 180 days from the day your case goes on file, and file it where you lived for the majority of those 180 days.

The realistic answer is that you can go ahead and put the case together now and just wait until you've been in Texas for at least 91 days, then put the case on file in Texas where you now live. Traveling back to Nevada for hearings in your case probably would be a major pain.

Note that this answer is just about the "venue" of your case. There are other rules that dictate which state's exemptions rules you'll apply once the case is filed.

Hope this helps.

Rustin Polk

Dallas Bankruptcy Lawyer

www.214bankruptcy.com

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Answered on 9/27/10, 7:52 am


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