If you moved to Florida recently and you’re considering the option of filing for bankruptcy, it can be confusing to know where you should be filing for bankruptcy in the United States. If you’ve been considering bankruptcy shortly after your move, consider that your eligibility for protection is not tied to your home state.
Bankruptcies are governed under federal law, and if you lived in Florida for decades or recently moved into the state, you can still file for bankruptcy as long as you meet the federal conditions. If you’ve recently moved to Florida and you’re dealing with creditors in another state, you can file for consumer bankruptcy.
In order to file with a bankruptcy court legally, you will have to reside in the state of Florida for at least 91 days prior to your filing date. If you plan on filing for bankruptcy in the state of Florida, it’s a good idea to consider waiting for this three-month time-span if possible. When choosing a bankruptcy court to file in, the federal jurisdiction will come down to your primary residence over the last 180 days. This is why it is important to wait 91 days before filing for bankruptcy.
When filing for bankruptcy in the state of Florida, it’s important to know your exemptions in your previous state if you are still new to the state of Florida. If you moved to Florida within 730 days before filing your petition, you will be subject to the exemptions of the state where you were a previous resident.
If you need clarification on exemption requirements or bankruptcy for your state, contact our bankruptcy lawyers today for more info.
This post was written by Trey Wright, one of the best bankruptcy attorneys in Tallahassee, Florida. Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, which specializes in areas related to bankruptcy law, estate planning, and business litigation.
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