How Long Do You Have to Live in Texas to File Bankruptcy?

If you have recently moved to Texas, you are required to live here for at least 91 of the last 180 days before you are eligible to file bankruptcy in Texas.

What exemptions you are permitted to use which determines what type of property you can protect in bankruptcy depends on where you have lived in the last 730 days.

Work with your Bankruptcy Attorney to Plan Ahead

You do not need to wait until you have lived here for 91 days to consult with a bankruptcy attorney. If you are considering bankruptcy, you should go ahead and talk with an attorney about your move. This will assist you in doing pre-filing planning to be sure you receive all the relief the bankruptcy laws permit. We offer a free, no-obligation consultation. Call us to schedule an appointment at your convenience.

When Filing Bankruptcy After a Move, Exemption Rules Apply

You have to live in Texas for the majority of the last 180 days in order to file bankruptcy in Texas. In short, you have to live in Texas for 91 days of the last 180 days. While you can file bankruptcy in Texas, your choice of exemptions will be based on the exemptions of the state you lived in for the last 730 days. If you did not live in the same state for the 730 days before you file bankruptcy, you use the exemptions of the state where you lived the most for the 180 days before the 730 day period. Confused yet?

Example: you moved to Texas on November 1, 2009 from Florida, where you lived for five years. You may file bankruptcy in Texas on January 31, 2010, but you must use the Florida exemptions. Florida allows nonresidents to use the federal exemptions. So you use the federal exemptions. All of this can be extremely technical and complex. You need to consult with an experienced bankruptcy attorney to know exactly what date you can file bankruptcy in Texas, and what exemption law applies in your case. The exemptions that apply are critical because this is how you protect your property from liquidation in a Chapter 7 bankruptcy, and will affect your required plan payment in a Chapter 13 bankruptcy.