Monday, May 10, 2010

Can married couples file Chapter 13 together while living in separate states?

My kids and I are moving home to Ga, my husband has yet to find a job there and may have to stay in Mississippi for a while. I do not work. Can we file chpt 13 jointly while in different states? If we both filed in Ga, would the payments be allowed to come out of his check in Ms? He technically wouldnt be living in Ga yet, so it is possible for him to file in Ga?Can married couples file Chapter 13 together while living in separate states?
You can file jointly. You need to file in the State in which you have lived for the greatest part of the past 180 days, so until you have lived in GA for 91 days or longer, you would file in MS.





Once you have been living in GA for 91 days, if your husband is still living in MS you could probably pick the state you want to file in (ask your bankruptcy attorney to be sure).





There is no particular problem with Ch 13 Plan payments coming out of a paycheck from another state -- happens all the time.





Whichever state you file in, you will both have to appear at the 341 Meeting in person.

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