If you have moved to Colorado within the last 90 days and are thinking about filing bankruptcy, you may have to postpone your filing.
Rule 1408(1) of Title 28 of the United States Code states that a bankruptcy case may be commenced in the district in which:
the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district;
What that means is that if you want to file in Colorado, you will have to wait until you have lived here for 91 days (the longer portion of 180 days). Otherwise, you’ll have to return to the state from which you just came. Unfortunately, there is no “work around” on this issue. If creditors are breathing down your neck, this may be a difficult pill to swallow.
This is just one of the considerations when you are thinking about filing bankruptcy, and why you should think about talking to an attorney.
