Expert: Terry Leeders - 10/31/2007

Question
QUESTION: We have a house in Florida that is going into foreclosure. We want to file for bankruptcy. Do we have to file in Fl. or can we file here in Maryland where we now live?

ANSWER: You would file where you have lived for the last 90 days, so probably in Maryland.  You would list the home and the foreclosure will stop once filed.

---------- FOLLOW-UP ----------

QUESTION: Well, actually we moved up here on Sept 28. Do we still file in Md.?

Answer
Hi Michael,
The jurisdiction rule says you have to file in the old jurisdiction (FL) for 90 days after you move.  Once you have been in Md for 91 days, you can file in Md.  You should talk to an MD attorney to see if it would be OK to wait.  It would probably be easier to file where you live, but you may be on the clock to stop the foreclosure. Hope that helps.
Thanks
Terry Leeders