When we think of St. Louis, it is easy to think of it as including the metro-area. After all, many of us spend our workday on one side of the river and our family time on the other. But when it comes to bankruptcy, things aren't that fluid. So, which state should you file bankruptcy in?
The state you file in corresponds with the place in which you've spent the most time in the 90 preceding your bankruptcy filing. For example, if you've lived in Illinois for the past three months, you wouldn't be able to file a Missouri chapter 7. You must file in Missouri. Now, if you've lived in multiple places for the last 3 months, you must file in the state that you've spent the majority of your time (91 days or more).
It is easy to think that there is a way to take advantage of the system, a state to file in where you'll have more success--which leads us to the question of where to file. The truth is that one state is not necessarily better than the other, just different. The main differences between Missouri and Illinois bankruptcy filings will be the trustee, the exemptions, and the local court rules.
Keep in mind, however, that certain districts put certain rules in place because they are most appropriate for the people living in their jurisdiction. At the end of the day, it is best to file where you are supposed to file. If you attempt to thwart the system, the trustee could catch you and send you back to the right district, defeating the purpose of lying in the first place. It truly isn't worth trying to cheat the system.
If you aren't sure where to file Missouri or Illinois bankruptcy, the best place to start is with an experienced St. Louis bankruptcy attorney. Look for an attorney who understands the rules and exemptions and knows the trustees on both sides of the river. By beginning your bankruptcy filing with a great attorney, you give yourself the best opportunity for a success case, no matter which state you file in. He or she should be able to get you the protection from foreclosure, credit card debt help, and relief from creditors you need while still using the exemptions and local rules to protect your property and family.