Yes! This question brings into play the venue rules of bankruptcy. In short, the debtor should file in a place where she has been domiciled or has a residence, principal place of business, or principal assets for a period of 180 days prior to the filing date or for a longer part of such 180 days than in any other district (91 days).
Venue is easily confused with the proper usage of exemptions.
In order to use the Florida exemption statutes a person must live in Florida for 2 full years prior to filing. If not, the person will likely use the federal exemption statutes.
Put simply, even if you have recently moved to Florida you will quite quickly qualify to file in your new home.
There is no need to return to your previous home state to file. Remember, bankruptcy is a federal court event and as a result all of those creditors from your old state, or any and all states, must abide by the orders set forth by the federal bankruptcy court.
Call my office at 850-215-3841 or visit www.bankruptcypanamacity.com for more information.
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