FAQ'S

When, Where and What to File

1. I recently moved from New Jersey. Can I still file in New Jersey?

Yes, if you have not been out of New Jersey more than 90 days. However, like most things in the Bankruptcy Code, the answer is not quite as simple as it seems. The state in which you must file is controlled by 11 U.S.C.  1408. This statute specifies that you can file only in the state in which you have had your domicile, residence, principal assets or principal place of business for the majority of the last 180 days. In most consumer bankruptcy cases, the location of filing commonly known as venue is based on residence. As a result, you could file in New Jersey until you had resided in the other state for more than 90 days.

2. How long do I have to reside in New Jersey to file here?

The simple answer is that you can file in New Jersey after you have resided here for 90 days. The bankruptcy code is almost never that simple, and if you read the previous question, this answer is going to sound very familiar. The state in which you must file is controlled by 11 U.S.C.  1408. That statute specifies that you can file only in the state in which you have had your domicile, residence, principal assets or principal place of business for the majority of the last 180 days.

Since residence controls the place most consumer bankruptcies are filed, you can file here only after you have resided here longer here than in any other state in the last six months. If you were only in Florida or another state, that would be on the 91st day you are here.  If you resided in two other states for 60 days each, you could file here after you have been here for 61 days.  I’ll let you do the math, but if you move a lot, it could be even less time.

Although you cannot file until you have met the residency requirement, you may retain an attorney and begin preparation of your case anytime. If your attorney will allow you to refer creditors to his or her office, then it can stop annoying creditor’s calls even before you file. However, only filing will stop repossession, foreclosure, lawsuits and judgments.

3. Do bankruptcy filings get posted in the local papers?

Cases are public records, so any paper choosing to do so may publish the names of persons who have filed. I am aware of no papers in New Jersey area that publish those names.

4. When you file chapter 13, can you move out of state and still just continue to mail your payments to trustee‑‑as long as you notify them of changes?

Yes, once you have filed in the correct state, you may move wherever you wish, assuming you return for your  meeting of the creditors, and have a local attorney who can handle whatever issues may arise.  It is strongly advisable to keep your attorney, the Bankruptcy Trustee, and the court advised of your address.

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