Where you are eligible to file bankruptcy is determined by where you live and where you have assets. For most consumers, they must file where they live.

The proper place to file bankruptcy is where you have lived for the last 180 days. If you've lived in several places, it's the place where you've lived for the greater part of the last 180 days.

So, if you moved less than 90 days ago, you might be able to choose between venues. Otherwise it is driven by where you now live or where you have assets.

While where you live determines which court you file in, if you've recently moved, you may be required to use the exemptions available in the state where you lived two years ago.

An experienced bankruptcy lawyer where you now live can walk you through your choices.

Cathy Moran

Ask a Lawyer Panelist since 2002