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Help Regarding Bankruptcy(I am currently relocating to the State of Ohio from Michigan.)

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Q. am currently relocating to the State of Ohio from Michigan. I am in debt and am looking to bankruptcy. The Job I held in Michigan came to an end and I don't have a replacement job as of yet. Since, I am still looking for work, and I have moved to Ohio. Do I have to file in Michigan or Do I need to file in Ohio? I have done everything to get myself out of debt and have talked to way too many people and seems to have spent way too much money and getting nowhere! Currently the only thing I would have to worry about is my car being repoed! It's a 94 Mercury Sable That I signed a contract for The company says I am not purchasing the car but renting it). Several times in less then two months I have had to take it back for repairs. Am I obligated to return the car to Michigan? Should I or should I just continue using it and let the company worry about reclaiming it? If I filed Bankruptcy would I have to return the car? Mind you the car is a 94 and I just got it in January of this year (99). All in all I rather just file bankruptcy and try to get my credit life and myself back in order. I understand the time that a bankruptcy will last on my credit records. As bad as my credit has become a bankruptcy would not make it look any worse!

A. The general rule is that you have to file where you have lived, worked or kept your principal assets for the majority of the 180 days before the filing of your case--IOW, Michigan. Some bankruptcy courts, however, really don't have a problem with your filing where you are now living, particularly if the exemption rules are the same for your old state and the new one (and I don't know what the story is for Michigan and Ohio). As far as the car is concerned, you can terminate the lease through the bankruptcy if you wish, and return the car. Your best bet is to meet with a local bankruptcy attorney. He or she can review your specific situation and advise you how best to proceed.

 


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