Question Mark ManMany times I’m asked how long do I have to live in Salisbury before I can file bankruptcy here? Under 28 U.S. Code 1408, someone must file a bankruptcy in the district in which they resided for the greater part of the last 180 days before the filing the bankruptcy petition. Therefore, if you came in from another state and wanted to file bankruptcy in the Salisbury North Carolina area, you must have resided in the Salisbury area at least 91 days before you can file the bankruptcy in Salisbury. The law specifically states you must reside for the greater part of the 180 days, which is 91 days, to be able to file in the Salisbury Rowan county area. Most courts will assume that if you state in the bankruptcy petition you resided the greater part of 180 days in the Salisbury area, you can file in Salisbury. However, there is a possibility the court may require documentation to prove that you have lived in the Salisbury-Rowan County area. Common examples of documentation would be a drivers license with your new current address, utility bills, or an apartment lease if you are leasing an apartment.

The main purpose of this law is to prevent individuals from immediately moving to a  area such as the Salisbury or Rowan County  North Carolina area one day,  and filing a bankruptcy in Salisbury the next day. The courts will not allow you to forum shop where you file bankruptcy. If you have not lived in the Salisbury Rowan County area at least  91 days, you would have to file the bankruptcy in the city where you recently moved from.  Most people wait and file the bankruptcy after they resided for lease 91 days in the Salisbury Rowan county area. Remember, you can live in the surrounding cities around Salisbury and adjoining counties if you have lived in those cities or counties for at least the last 91 days and still file bankruptcy with Duncan Law in Salisbury.