Legal Question in Bankruptcy in Florida

Bankruptcy while on H-1 Non Immigrant Visa

I am on H-1 work visa and lost job and returning to my home country. I have about $35,000 in credit card debts. I want to file for ch-7 bankruptcy before leaving the country. Do I have to file for bankruptcy in FL where I have driving license or could it be form different state LA where I am living from past 1 month ?


Asked on 4/15/09, 4:52 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Bankruptcy while on H-1 Non Immigrant Visa

Dear LawGuru Friend,

The answer to your question is simple. You file your bankruptcy proceeding in the place where you have resided for the longest period of time during the six month period immediately preceding the filing of your bankruptcy petition. That's the answer. I hope you can understand what I am saying. In other words, Louisiana would not be the place to file it until you have lived in Louisian longer than you have lived anywhere else during the last six month period preceding the filing of your petition. Best of luck! Should you desire to ask me anything further about this, feel free to call me. My home phone is listed under the name of my wife Janice Parkerson. I am now retired from the practice of law, so I do not have a law office phone number. I am not allowed to give you my phone number on this web-site, but my e-mail address is [email protected]. You can e-mail me with your phone number and I can call you; or you can e-mail me and I will e-mail you back with my phone number. Best of luck to you with this legal matter and with all other matters!

Sincerely,

Hardy Parkerson, J.D.

Attorney at Law (Retired)

Lake Charles, LA

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Answered on 4/16/09, 5:46 am


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