How Long Do I Have to Live in Arizona to File Bankruptcy There?
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Eric Ollason, our bankruptcy attorney in Tucson, knows there are lots of questions surrounding our Arizona residents’ finances, and when, how, and what makes them eligible to file for bankruptcy relief.
Last year, Arizona was the seventh most popular state to move to, and with a pandemic coinciding with some of our new residents’ moves, things may have gotten financially challenging along the way.
Here is what our new and existing Arizona residents need to know about filing for bankruptcy.
What are the Residency Requirements for Filing Bankruptcy in Arizona?
To be eligible to file bankruptcy in Arizona, individuals must have resided here for the greater part of the 180 days preceding the filing, which is any time after being an Arizona resident for 90 days.
If you or you and your family moved to Arizona any time in 2020, you are now eligible to file bankruptcy from a residency standpoint.
However, there is more to it. Here are the basics, and how we can help you understand your unique bankruptcy options moving forward.
How Do I Know If I Am Eligible to File Bankruptcy in Arizona?
Depending on your unique financial circumstances, either Chapter 7 or Chapter 13 bankruptcy may be right for you.
When determining which is option fits your needs, consider the following facts.
There is no fixed maximum or minimum amount of debt or income to be eligible to file a Chapter 7.
The determining factors for filing Chapter 7 bankruptcy in Arizona are based on qualifying factors determined during a “means test” which includes outlining and measuring your:
- Family Income
- Family Size
- Family Expenses
The ratio determines whether you have enough disposable income to repay your debts.
You also cannot receive a Chapter 7 discharge if you received a previous Chapter 7 discharge in a case that was pending within the previous eight years.
To be eligible to file Chapter 13 bankruptcy in Arizona requires that:
- Be an individual or a married couple, and not a corporation or partnership
- Have a regular income
- You must have received credit counseling and a completion certification saying so
- Have unsecured debts of less than $360,475 and secured debts of less than $1,081,400
These are just the initial factors that our Arizona bankruptcy courts will consider.
To determine your overall eligibility, and the overall financial solutions that accompany bankruptcy, talk to our skilled Tucson attorney during a free consultation.
Contact Our Skilled Arizona Bankruptcy Attorney Eric Ollason Today for a Free Consultation
The decision to file bankruptcy may be one of the most important decisions you will ever make.
You should not decide to file bankruptcy simply on the advice of a friend or relative or based on what you have heard about it. You need professional, expert advice, and that means talking to an experienced lawyer who can answer each of our questions and help reduce your financial anxiety and fears.