Recently one of my Orlando bankruptcy clients got a job offer out of state and asked me if he could stillfile bankruptcy in Orlando after he moves outside of Florida.
In his case, he could. Here’s why:
I practice bankruptcy law in the Middle District of Florida, Orlando Division. Each bankruptcy district in Florida has a set of local rules that determine where a person can file his or her bankruptcy case. These rules can vary from district to district throughout the state and Country.
I looked to Local Rule 1071-1(c) to answer my client’s question. That rule explains that if my client lived in the district where he wants to file his case for the 180 day period before filing the case, then even if he lives out of state at the time of filing, he can file his case here in Central Florida.
But it doesn’t stop there.
Let’s say you miss that 180 day window but you have a house that is located here that you left when you got that fantastic out of state job offer. You are renting where you live now in the new state. The house you left in Orlando is now in foreclosure and you do not want to be liable for the debt.
Can you still file bankruptcy in Orlando?
Yes, because according to the local rule if your “principal assets” are located within this division, even if you have lived outside of the Division for the last 180 days, you can still file your case here in Central Florida.
My client’s case was a little more simple than that example because he had not yet moved out of state. Fortunately, he kept in contact with me and thought to call me as soon as he got the job offer to see how that may affect his plans to file bankruptcy here with me as his lawyer.
I was able to form a strategy and a plan that would allow him to file bankruptcy in Orlando rather than to have to start the filing process all over with a new attorney out of state.
He was happy to have one less thing to worry about with his upcoming move and new job on his mind.
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