Filing Bankruptcy After Moving States: What You Need to Know

You can file bankruptcy after moving to a new state. Your move affects where you file and which property protections you can use.

Two key timing rules control the process. You must live in your new state for 91 days to file there. You need 730 days of residency to use your new state’s exemption laws.

Bankruptcy courts operate under federal law across all states. But each state has unique exemption laws. Exemptions determine what property you keep during bankruptcy.

Where Can You File Bankruptcy After Moving?

Federal bankruptcy courts handle all cases. You can file in any district where you’ve lived for 91 days.

The 91-day rule is straightforward. Count back 180 days from today. You qualify if you’ve lived in your current state for at least 91 of those days.

You don’t need special documents to prove residency. Your bankruptcy paperwork includes your address and living situation. The court reviews this information. A lease agreement or utility bills can help if questions arise.

What If You Haven’t Been There 91 Days?

You have two options if you moved recently:

• Wait until you reach the 91-day mark
• File in your previous state if timing is urgent

Filing in your old state creates complications. You may need to travel back for your 341 meeting. Most people prefer waiting to file locally.

Understanding Court Jurisdiction

The 180-day rule determines which court can hear your case. You must file in the district where you lived for the majority of the past 180 days.

Filing in the wrong court causes delays. Your case could be dismissed entirely. Always verify jurisdiction before filing.

Both Chapter 7 and Chapter 13 bankruptcy follow these same residency rules.

Which State’s Exemptions Apply to Your Case?

Exemptions protect your property during bankruptcy. Each state has different exemption laws. Some items are fully protected. Others have dollar limits.

Common exemptions include your car, household goods, and home equity. Bankruptcy exemptions vary significantly between states.

The 730-Day Exemption Rule

You need 730 days of residency to use your current state’s exemptions. That’s exactly two full years.

Haven’t lived there two years yet? You’ll use exemptions from your previous state. But only if that state allows non-residents to use them.

The 180-Day Lookback Period

Courts use another calculation when you don’t meet the 730-day requirement. They look back to a specific window: 180 days before the two years preceding your filing date.

Here’s an example. You file bankruptcy on June 1, 2025. Count back two years to June 1, 2023. The court examines December 1, 2022 through June 1, 2023.

Where did you live for most of that six-month period? That state’s exemptions typically apply.

Can You Use Your Old State’s Exemptions?

Not all states allow former residents to use their exemptions. Some states restrict exemptions to current residents only.

Ten states permit non-residents to use their exemption laws:

• California
• Iowa
• Louisiana
• Maine
• Maryland
• Missouri
• Nevada
• North Dakota
• Utah
• West Virginia

Your previous state isn’t on this list? You’ll need to use federal bankruptcy exemptions instead.

Using Federal Bankruptcy Exemptions

Federal exemptions serve as a backup option. You can use them when no state exemptions apply to your situation.

Federal law provides these protections for recent movers. Your old state’s restrictions don’t follow you after moving.

Federal Exemption Amounts for 2025

Federal exemptions protect various types of property:

• Homestead: $31,575 in home equity
• Motor Vehicle: $5,025 for one car or truck
• Household Goods: $16,850 total (maximum $800 per item)
• Jewelry: $2,125 total
• Tools of the Trade: $3,175 for work equipment
• Health Aids: Full protection for prescribed medical devices

Exemptions protect your equity in property. Equity equals the item’s value minus what you owe on it.

Your car is worth $8,000 and you owe $5,000? Your equity is $3,000. The federal motor vehicle exemption fully covers this amount.

Should You Hire a Bankruptcy Attorney?

Moving complicates bankruptcy filings. You must navigate residency rules and exemption calculations. Multiple states may be involved in your case.

Consider speaking with a bankruptcy attorney for free if you’ve moved recently. An attorney helps you avoid filing mistakes and maximize your exemptions.

You can handle bankruptcy yourself if you’ve clearly established residency. Wait until you meet the 91-day threshold. Make sure exemption rules are straightforward for your situation.

Complex Situations Requiring Legal Help

You definitely need professional guidance in these scenarios:

• You’re still in the process of moving between states
• You live in one state but work in another
• You own property in multiple states
• Your old state doesn’t allow non-resident exemptions
• You’re unsure which exemptions protect your property

Bankruptcy attorneys understand how timing rules interact. They calculate which exemptions give you the most protection.

Timing Your Bankruptcy Filing

Waiting a few extra weeks can make a big difference. Meeting the 91-day requirement simplifies everything.

You avoid travel to another state for court appearances. You file in a local courthouse. Your case moves faster.

Some people need to file immediately. Creditor lawsuits or foreclosure don’t wait. Evaluate your timeline carefully.

Count forward from your move date. Mark your calendar for the 91-day point. You’ll know exactly when you can file locally.

Protecting Your Property After Moving

Different exemption laws protect different amounts. California offers generous homestead exemptions. Other states protect more retirement account funds.

Compare exemptions between your old and new states. Federal exemptions might offer better protection. An attorney can run these calculations for you.

Recent moves shouldn’t prevent you from getting debt relief. Understanding the timing rules helps you plan ahead. You can file bankruptcy successfully and keep important property.

Ready to explore your bankruptcy options? Speak with a bankruptcy attorney for free to discuss your specific situation and timing.