How long do I have to reside in a stae before I can file a Chapter 7?

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How long do I have to reside in a stae before I can file a Chapter 7?

Asked on June 28, 2012 under Bankruptcy Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The residency requirement in NY is two years in order to be able to file bankruptcy.  However, if you have not lived in NY for two years, the previous state in which you lived for the majority of the previous six months may be an option for you to consider in filing bankruptcy.  You may be able to use that prior state's exemptions in filing your bankruptcy.  Some states won't allow you to do that and if your previous state is one of those, you can still use the federal exemptions in order to file bankruptcy.  The exemptions in your bankruptcy protect certain types of assets from  creditors.


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