Legal Question in Bankruptcy in Virginia
If you file bankruptcy in the state of Va.,are the companies that you list able to attatch the following year's income tax refund? And do you have to be a resident before you can file there?
2 Answers from Attorneys
No, not if the debt claimed by the creditor has already been discharged or a stay
of any action on the part of the named creditors already ordered by the trustee,
pending further action on the filed petition.
You must have been a resident of the state for at least 90
days immediately preceding the filing of the petition. (See Title 28 U.S.C. Sec. 1408)
Once you file, your creditors cannot attach anything. However, the trustee is entitled to a pro rata share of your refund for the year in which you file, unless you can exempt it. As for residency, to file in a state, you need to reside there for the largest part of 180 days (normally 91 days unless you have resided in more than 2 states) during the 180 days; or, for the same time period, be domiciled there, have your principal place of employment there, or have your principal assets (in the US) located there.
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