I am a resident of Puerto Rico. I am going to lose my home and can't find a job. My father lives in Kentucky. Can I file bankruptcy if I move to Kentucky?
-- Carlos
A.
Where it is proper to file bankruptcy is determined by where you have lived for the past 180 days, or the greater part of that period if you've lived in several places. So, 91 days after moving to Kentucky, you could properly file a bankruptcy case in Kentucky.
Under the 2005 amendments to the Bankruptcy Code, the exemption system available to you may be the exemptions of Puerto Rico, since the Code tried to discourage people from moving to high exemption states in order to protect more of their assets through bankruptcy. An experienced bankruptcy lawyer can help you determine just which exemptions apply.
