Should I File Bankruptcy in Missouri or Illinois if I'm in the St. Louis Metro Area?
The culture of St. Louis invites you to consider the entire metro-area as "St. Louis." The truth is the Mississippi divides us and changes the laws we must follow, including the rules and regulations for bankruptcy. To add to the confusion, many of us live in Illinois and work in Missouri or vice-versa. So, if you spend time in both states, which one 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.
It is important to know, though, that the rules specific to each district are meant to help you. After all, they are designed for people in your 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. There isn't much point in trying to get away with filing in the wrong state.
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. Find a lawyer with knowledge of both sides of the river, including their respective trustees, exemptions, and local rules. 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.