Can I File for Bankruptcy After Moving to a New State?
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Yes, you can file bankruptcy after moving, but it can be a little complicated. Your move affects where you file and what property protections apply. To file in your current state, you must have lived there for at least 91 days. However, using your new state’s exemption laws requires living there for at least 730 days (two years). If you don’t meet this requirement, you may need to rely on your former state’s exemptions — if that state allows non-residents to use them — or use federal bankruptcy exemptions instead.
Written by Mae Koppes. Legally reviewed by Jonathan Petts
Updated May 27, 2025
Can You File for Bankruptcy After Moving to a New State?
Yes, you can still file for bankruptcy after moving to a new state, but there are a couple of rules to keep in mind. These rules mostly affect where you file your case and which property protections (called exemptions) apply to you.
Bankruptcy is handled by federal courts, so the process is the same in every state. But each state has its own exemption laws, which decide what property you get to keep when you file. That’s where the timing of your move comes into play.
⏰ Here are the two most important timing rules:
91-day rule: You need to have lived in your new state for at least 91 days before you can file there.
730-day rule: To use your new state’s exemption laws, you must have lived there for at least 730 days (or two full years).
If you’ve lived in your new state for at least 91 days, you can file there. But you might still need to use your old state’s exemption laws if you haven’t hit the two-year mark yet. That’s totally normal and happens often when people move.
If you haven’t lived in your new state for at least 91 days, you’ll likely need to file in the state you just moved from.
These rules apply whether you’re filing Chapter 7 or Chapter 13 bankruptcy.
💬 If you’re feeling unsure about where to file, it can really help to talk it through with a local bankruptcy attorney. Upsolve can help you set up a free consultation with an attorney so you can make sure you’re on the right path.
How Long Do You Have To Live in a State Before You Can File Bankruptcy There?
If you’ve recently moved, you’ll need to keep the two key timing rules in mind. Both rules look at where you’ve lived during the past 180 days (roughly six months), but they serve different purposes:
The 91-day rule determines where you can file — in the state you currently live in or the previous state.
The 180-day rule determines which court will handle your case.
The 91-Day Rule (Where You Can File)
🗓️ To file for bankruptcy in your new state, you need to have lived there for at least 91 days. That means you’ve spent the majority of the past 180 days living there.
There’s no exact checklist for proving residency. The court will look at the information in your bankruptcy paperwork to confirm that this is where you live. You don’t need one specific document, but things like a lease, utility bills, or official mail can help if there’s any question.
If you haven’t hit that 91-day mark yet, you usually have two options:
Wait a little longer until you reach 91 days and file in your new state.
File in your old state if you're in a hurry and still within that court’s filing window.
⚠️ Filing in your previous state can be a hassle, especially if you’ve already settled into your new home. You may need to travel back to your previous state for your 341 meeting (also called the meeting of creditors) or other steps in the process. That’s why many people decide to wait and file locally once they meet the 91-day requirement.
The 180-Day Rule (Which Court Has Jurisdiction)
📍 This rule is used to decide which court is allowed to handle your case. You can only file in a federal bankruptcy court that serves the area where you've lived for the majority of the last 180 days.
If you’ve moved recently and haven’t spent at least 91 of the past 180 days in your new state, the bankruptcy court there may not have the power (jurisdiction) to hear your case, so you'd need to file where you previously lived or wait a little longer to file your case in your new state.
Why does this matter? If you file in the wrong court, your case may be delayed or even dismissed, which can be frustrating, time-consuming, and expensive.
Once you know where you can file your case, the next big question is what property you’ll be able to keep. That’s where bankruptcy exemptions and the 730-day rule come in.
The 730-Day Rule: How Long You Need To Live in a State To Use Its Exemptions
When you file for bankruptcy, you may be asking yourself: What can I keep? The answer depends on bankruptcy exemptions.
🛡️ Bankruptcy exemptions are the legal rules that protect your property during the bankruptcy process. If something is exempt, you get to keep it. If something isn’t exempt, it may be taken or sold to pay your creditors.
There are exemptions that protect personal property like your car, household goods, clothes, and tools. Plus, real property exemptions cover your home and land.
🇺🇸 Every state has its own set of exemption laws, and there is also a set of federal exemptions. Some states let you choose between state exemptions and federal exemptions, but many require you to use the state set.
The 730-Day Rule Determines Which Exemptions You Can Use
To use the exemption laws from your current state, you need to have lived there for at least 730 days — that’s two full years — before you file for bankruptcy. This is called the 730-day rule.
If you haven’t met that two-year requirement, you usually can’t use your new state’s exemptions yet. Instead, you’ll need to use the exemption laws from the state where you lived before, if that state allows it. If they don’t, you’ll need to use the federal set of exemptions.
Which State’s Exemptions Do I Use If I Haven’t Lived Here for Two Years?
If you haven’t lived in your current state for at least 730 days, the bankruptcy court uses another rule to figure out which state’s exemption laws apply. This is called the 180-day lookback rule. By now, your head might feel dizzy with all these rules, but the good news is that this rule is much simpler than it sounds.
Again, if you’re confused about any of this, that’s normal! You can always book a free consultation with an attorney to see what applies to your specific situation.
How the 180-Day Lookback Rule Works
This rule looks back to a specific period: the six months (180 days) before the two years leading up to your bankruptcy filing. That’s 2–2.5 years ago from the date you file.
Wherever you lived for the majority of that six-month window is the state whose exemption laws will usually apply so long as that state allows non-residents to use its exemptions.
🏡 Here’s an example: Let’s say you file for bankruptcy on June 1, 2025. You’d count back two years to June 1, 2023. Then, the court looks at the six months before that — from December 1, 2022, to June 1, 2023. If you lived in California for most of that time, you’d probably need to use California exemption laws.
⚠️ Heads-up: Some states only allow current residents to use their exemption laws. If you’re no longer living in that state, you might not be allowed to use its protections — even if the 180-day rule points there. In this case, you’ll need to use federal exemptions. More on this below..
Can I Still Use My Old State’s Exemptions After Moving?
Even if the 180-day rule points to your previous state, that doesn’t always mean you can use that state’s exemptions. That’s because some states only allow current residents to use their exemption laws.
If your former state doesn’t let non-residents use its exemptions, you won’t be able to rely on them — even if that’s what the 180-day rule says. That can be frustrating, but don’t worry. There’s a backup option explained below.
Some states are more flexible. They’ll let you use their exemption laws even after you’ve moved away. If your old state allows this, you can use those protections in your bankruptcy case, just like you would have if you’d never moved.
States That Allow Non-Residents To Use Their Bankruptcy Exemptions
These 10 states allow you to use their exemptions even if you don’t live there anymore:
California
Iowa*
Louisiana
Maine
Maryland*
Missouri
Nevada
North Dakota*
Utah
West Virginia
*Some limitations may apply.
If your previous state isn’t on this list, you’ll likely need to use federal bankruptcy exemptions instead. We’ll cover those next.
What if I Can’t Use Any State’s Exemptions?
If you’ve recently moved and don’t qualify to use either your new state’s or your previous state’s exemption laws, you can still use the federal bankruptcy exemptions.
🏛️ Federal exemptions are a set of property protections built into federal bankruptcy law. They’re available to people who don’t qualify to use any state’s exemption laws, which often happens after a move.
Even if your old state doesn’t allow residents to use federal exemptions, those restrictions usually no longer apply once you’ve moved. That means you can still protect important property using the federal system.
What Do Federal Exemptions Cover?
Federal exemptions protect everything from your car and home to household goods and tools. Here are some of the most common federal exemptions:
| Exemption Type | What It Covers | Federal Exemption Amount (2025) |
|---|---|---|
| Homestead | Equity in your primary residence | $31,575 |
| Motor Vehicle | One personal car or truck | $5,025 |
| Household Goods | Furniture, appliances, clothing, musical instruments, etc. | $16,850 total (max $800 per item) |
| Jewelry | Personal jewelry (like rings or necklaces) | $2,125 |
| Tools of the Trade | Tools or equipment used for work | $3,175 |
| Health Aids | Prescribed medical or health devices | Fully protected |
💡 These exemptions apply to the equity you have in the property. Equity is the value of the item minus any loans you still owe on it.
For example, if your car is worth $8,000, and you owe $5,000 on it, your equity is $3,000. This would be fully protected since it’s less than the $5,025 federal motor vehicle exemption.
Should You Consider Hiring a Lawyer for Your Bankruptcy Case?
Filing for bankruptcy after a move makes things more complicated. You have to navigate rules about jurisdiction, residency requirements, and exemptions. And things can get even trickier if you’re still in the process of moving or if you live in one state but work or go to school in another.
If you’re eager to file your case quickly, it might make sense to consult a bankruptcy attorney, who can help you sort out the details. Upsolve can help connect you with a qualified attorney if you decide to go that route. Most offer free consultations.
On the other hand, if you’re able to wait until there’s no question about your residency (such as after meeting the 91-day threshold to file in your new state), you may be able to handle your bankruptcy on your own or file using Upsolve’s free filing tool.
What if I’ve Already Started the Upsolve Questionnaire?
If you’ve already started your Upsolve questionnaire, you may have been stopped if you stated you recently moved, will move, or haven’t lived in your new state for more than 90 days. Once you have passed the 91-day residency threshold, you should be able to resume your questionnaire.
If it has been longer than eight weeks since you started the questionnaire, you may be asked to restart your questionnaire to ensure the forms you will file with the court are as accurate as possible. Please contact us if you have any issues resuming or restarting your questionnaire!
Let’s Summarize…
You can file bankruptcy and get a fresh start even if you’ve recently moved. But a recent move will impact residency requirements and the exemptions you can use to protect your property. To file in your new state, you need to have lived there for at least 91 days. However, to use your new state’s exemptions, you’ll need to meet the 730-day (two-year) residency requirement.
If you don’t meet the 730-day rule, you’ll either need to use the exemptions from your previous state — if that state allows non-residents to use its exemption laws — or the federal exemptions.
