Should I File Bankruptcy In Florida?
Posted on
July 16, 2009
at
4:39 am
I don't really live there full time, I own a property there though...
Posted on
July 16, 2009
at
4:43 am
No you can't file bankruptcy in Florida..even if Florida has a liberal bankruptcy exemptions that includes an unlimited homestead exemption. You have to meet its residency requirements for you to be eligible for those exemptions. Even if you own a property in Florida or that you are somehow a resident there when you file for bankruptcy --it does not mean that you are entitled to the Florida exemptions in bankruptcy.
Posted on
July 16, 2009
at
4:44 am
I agree with ispydebt, under the new bankruptcy law (2005) the state exemption law applicable to your bankruptcy is determined by the state in which you have been domiciled for the two years immediately preceding your filing date or 730 days.
Posted on
July 16, 2009
at
4:46 am
wait..wait, are you saying that I can't file bankruptcy in Florida? where then? can it be any state?
Posted on
July 16, 2009
at
4:50 am
Here: "Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district— "(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or "(2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership."Under the new bankruptcy law the state exemption law applicable to your bankruptcy is determined by the state in which you have been domiciled for the 730 days (two years) immediately preceding your filing date.
Posted on
July 16, 2009
at
4:52 am
The key for your exemptions in bankruptcy is the state in which you were domiciled for 180 days immediately preceding the two-year period, or the state in which you were domiciled for the longer portion of such 180-day period.
Posted on
July 16, 2009
at
4:54 am
Should you file bankruptcy in Florida? No..not in your case.Where should you file bankruptcy? Where you stayed for 6 months..
Posted on
July 16, 2009
at
4:58 am
"(2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership."What does it mean? If my wife, for example, is domiciled in Florida for 180 days, can she file for us or should we file jointly? If she can file..would I be absorbed in the petition?
Posted on
August 19, 2009
at
12:30 am
Should I file bankruptcy in Florida, or elsewhere, even if I filed for it five years ago?
Posted on
August 19, 2009
at
2:56 am
As far as I know, if you have previously filed for bankruptcy, you have to wait eight years after the initial case was discharged.
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