Legal Question in Bankruptcy in Virginia
Bankruptcy Requirements
I need to know what the requirements are to file for personal bankruptcy. Specifically, what is the residence requirement concerning returning to the US to file in the state of Virginia. Do I have to reside there for a specific period of time before I can do so? Otherwise, just the general requirements would be very helpful.
Thanks,
Clay Crook
2 Answers from Attorneys
Re: Bankruptcy Requirements
You are eligible to file bankruptcy (assuming you meet all eligibility requirements) in the place that you have resided for the greater part of the past six months, or where the majority of your assets (such as a house) are located.
Re: Bankruptcy Requirements
You can file BK in a particular state if, for the largest part of the past 180 days as compared to any other state, you maintained your residence, domicle, principal place of business, or principal US assets in the jurisdiction. Otherwise, there are no particular requirements, other than that you reside, have a domicile, place of business or property in the US - but "property" can be minimal (and certainly is not limited to real estate).
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