Expert: Terry Leeders - 1/26/2009

Question
Hello Mr. Leeders,

We plan a move from Missouri to Kansas. How long do we need to be
residents of Kansas before we can file bankruptcy there? Also, I have money
deducted from my paycheck for a flexible spending plan for medical
expenses. Can that money be deducted from our income as a Health Savings
plan can. I was looking at the means test.  Thank you very much.

Answer
Jurisdiction changes after 90 days.  Otherwise you would file in Missouri for the first 3 months after moving.

If your flex spending is actually a health savings plan under the IRS rules, then yes, otherwise, you may be able to put it under your monthly medical payments (assuming you spend it).

Check with your lawyer that you will use to properly categorize this deduction for you.