Sterling, VA asked in Bankruptcy for Virginia

Q: Can I file bankruptcy in Colorado?

I spoke to an attorney from New Mexico and he suggested I file bankruptcy in Colorado where I live most of the time. He advised me that it may be possible to file bankruptcy in Colorado under the Homestead Laws for a lien filed from an inaccurate boundary survey judgment. I have questions and need to hire an attorney.

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1 Lawyer Answer
Bernard S. Via III
Bernard S. Via III
  • Bankruptcy Lawyer
  • Bristol, VA
  • Licensed in Virginia

A: Your residency is more where you intend to reside as where you actually spend time. There is a legal footprint of your residency. Where you vote, where you keep most of your assets, what you give out as your address, driver's license, car registrations. I think you confuse the issue of where you file as opposed to what state exemptions you are under. Most states have opted out of Federal exemption and have their own set of exemptions. If you change your residence to Colorado, you will/may be under Federal exemptions until 2 years in State. (Va. and Tn. lawyer but not a Co or NM lawyer.)

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