Legal Question in Bankruptcy in Wisconsin

Proper State for Filing Bankruptcy

Rules regarding which state is proper for a bankruptcy filing are complex and somewhat flexible. Debtors are required to have "resided in" a district for 180 days before filing there, or, if they have not resided anywhere for 180 continuous days, the location where they have spent the majority of that time period. However, a debtor can also opt to file in the district which the majority of assets and other aspects of their affairs are situated. Depending upon your specific history, you may therefore be able to file your bankruptcy in WI, even if you former homestead real estate is in MI. That may be particularly true if the homestead has no net value, which is probably true of most homes today which are in foreclure today. My comments in this online forum are not intended as legal advice for anyone asking a question here unless that person subsequently retains me. Instead, all participants in this forum must obtain and consult with their own attorney prior to acting upon my postings.