Can I File Bankruptcy in Charlotte, North Carolina?

As a Charlotte bankruptcy attorney, that’s a question I get asked quite often. Charlotte, North Carolina has a divisional federal bankruptcy as part of the Western District of North Carolina. In order to file bankruptcy in the Charlotte, North Carolina division, you must meet the domicile requirements set forth by the federal bankruptcy rules.

Determining Domicile for Bankruptcy in Charlotte, North Carolina

If you have lived or maintained a permanent residence in Charlotte (or the surrounding counties) for the last 180 days prior to filing bankruptcy, then you’ll file your bankruptcy in Charlotte, North Carolina. You can also file bankruptcy in Charlotte, North Carolina if your personal place of business or your assets (house, etc) are located in or near Charlotte, North Carolina.

Determining Exemptions for Bankruptcy in Charlotte, North Carolina

Regardless of where you file, your attorney will still need to determine which exemptions you use to protect your property. There are federal bankruptcy exemptions, and each state also has its own set of exemptions. If you’ve continuously lived for 2 years in a state, you use that state’s exemptions or the federal exemptions, if that state allows federal exemptions as an option.

If you have not lived in the same state the last two years, you use the exemptions for the state you lived most of the 180 days prior to the 2 year mark from filing. For example, if you were going to file June of 2015 and had not lived in the same state the last 2 years, then you use exemptions for the state you lived in the greater of the 180 period from January 2013 to June 2013. Confused yet? Fortunately your bankruptcy attorney will figure all of this out and most state exemptions are nearly identical to one another.

If you have any questions about filing bankruptcy in Charlotte, North Carolina, please call 704.749.7747 to speak with an attorney today.