What happens if I file for bankruptcy and move out of state?

August 14, 2020
What happens if I file for bankruptcy and move out of state?

At WM Law, we file bankruptcies for residents of Kansas and Western Missouri.  However, we understand that people move constantly.  So how do we address when people move?

1.  If you are moving from another state to Kansas or Missouri –

In order to file a bankruptcy in Kansas or western Missouri, you need to be a resident of that state for the greater part of the last 180 days before filing.  So if you moved from, say, Oklahoma to Kansas, you would have to be in Kansas 91 days before you could file here.  In the meantime, despite moving, you could file in Oklahoma.  We just couldn’t assist you with that.

2.  If you’re moving from Kansas or western Missouri to another state.

The same “venue” rule applies to determine which state’s bankruptcy court controls your bankruptcy case.  So if you are planning to leave, you could file your bankruptcy here.  You could even return here to file.  Right now, post-bankruptcy section 341 meetings of creditors are being conducted by telephone in both Kansas and western Missouri, so the actual filing process will be easier than ever to coordinate with your move.

3.  If you file a bankruptcy and then move to another state.

If you filed here and then move, the original state you filed in still controls your case.  You just allow the bankruptcy to conclude or make any scheduled payments in a reorganization, but you are not required to stay in your state throughout your bankruptcy.

Are you planning to file a bankruptcy but also thinking of moving out of state?  Schedule a free initial consultation with one of our trained bankruptcy attorneys to discuss your options in detail.