Can I file for bankruptcy if I moved to a new state in the last 3 months?
If you already started your Upsolve questionnaire you may have been stopped if you stated you recently moved, will move, or have not lived in your new state more than 3 months (or 90+ days).
One of the requirements to begin a legal proceeding like bankruptcy is to file your case with the proper court. Each court has the authority to decide legal matters in a particular region. In legal terms, this is called the court’s jurisdiction. The general rule is that you need to have lived in your new state for the majority of the past 180 days (so, at least 91 days) to establish a court’s jurisdiction and file bankruptcy in the new state. There is no specific rule for exactly when to start your 90-day residency count, rather the court will look to verify your claimed state of residency with information that you provide in your official bankruptcy paperwork. There is also no specific document to prove your residency. If challenged, but you can use documents like your apartment lease agreement or utility bills to show how long you’ve lived in the state. You can find more detailed information about this requirement here.
Once you have passed the 90+ day residency threshold you should be able to resume your questionnaire. If it has been longer than 8 weeks since you started the questionnaire, you may be asked to restart your questionnaire to ensure the forms you will file with the court are as accurate as possible. Please contact us by visiting help.upsolve.org and using the "Submit a Request" feature in the top right corner to send us a message if you have any issues resuming or restarting your account!