Can I Move to Another State After Filing for Bankruptcy in NC?
For some people going through or considering bankruptcy, moving can seem like an opportunity for a fresh start. Other times, a move is necessary to secure a well-paying job. One of the questions we occasionally get asked is, “Can you move out of state while in bankruptcy?”
Am I Eligible to Move After Filing for Bankruptcy?
Most aspects of a bankruptcy case are determined based on the date the case is filed. As such, a subsequent relocation generally has no impact. Most bankruptcy laws are set at the federal level — with slight variations mainly related to exemptions — in every state. How much a move may affect your bankruptcy proceedings depends on a few laws.
The venue is typically a function of the court jurisdiction where you have lived or had your primary assets for the greater part of the last 180 days. Sometimes the proper venue is where you just moved from. To qualify for a state’s bankruptcy exemption, you must have lived in that state for at least two years (730 days). If you have lived there for less than two years, the exemption laws of the state where you lived previously will apply. This rule prevents people from moving to a state with generous exemption laws just before filing for bankruptcy to take advantage of the system. However, if the state exemptions you would normally claim are not available to non-residents then the default exemption scheme is the one contained in the Bankruptcy Code. These are generally referred to as federal exemptions or Code exemptions.
Exemption laws determine which assets you can protect in bankruptcy and differ from state to state. Some states allow you to choose between the state and federal exemption systems. If you have lived in the state where you file for bankruptcy for at least two years, you can use that state’s exemption system or the federal exemptions if that state allows it.
If you have lived in a state for less than two years before filing bankruptcy, the exemption laws of the state where you live during the 180 days before the two-year residency period will apply. Some states require you to currently live in the state to use their exemptions. If you recently moved away from a state with this type of exemption law, you will use the federal exemption system.
Is It Bad to Move Out of State After Filing for Bankruptcy?
No, it is not bad. There may be rare situations where you would want to transfer the venue of the case but that is not common.
Contact an Experienced Bankruptcy Attorney in North Carolina for Help Today
If you have moved or are considering moving after filing bankruptcy, Sasser Law Firm is here to help. Our bankruptcy lawyers take on challenging cases including scenarios where debtors have recently relocated or planned to relocate. Our firm is located in a town where many people have recently relocated. Our firm was founded in 2000 and has filed over 10,000 cases. Contact Sasser Law Firm today for a free consultation.
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For more than 20 years, the Sasser Law Firm has been helping individuals and business owners sort through financial hardships to see the light at the end of the tunnel. Our North Carolina bankruptcy attorneys are all board-certified specialists, which means we have passed a complex exam, undergone a thorough peer review, and continue to earn legal education credits in this ever-evolving area of law.