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Does a person have to remain in the state they file bankruptcy in?

Discuss the legalities of Bankruptcy Law

Does a person have to remain in the state they file bankruptcy in?

Postby delron72 » Tue Dec 20, 2011 8:24 pm

my sister-in-law has filed bankruptcy in Missouri. We want to bring her to live with us in Illnois. Will this stop her bankruptcy
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Does a person have to remain in the state they file bankruptcy in?

Postby jorian23 » Tue Dec 20, 2011 8:28 pm

No. After a person files bankruptcy, they DO need to attend the 341 Meeting in person on the date it is scheduled, in the state in which they filed. And they do need to attend any other hearings at which their presence is required (rare, if they have a bankruptcy attorney; usually the bankruptcy attorney can appear on their behalf).

But there is no part of the law that says they cannot move to another State, so long as they are able to be present for any required court appearances.

In fact, in Ch 13 bankruptcies (which last 3-5 years) it is not uncommon for a debtor to move out of state before the bankruptcy is completed.
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