Castle Law Office Blog | Missouri & Illinois Bankruptcy Legal Blog

If I live in Illinois, can I file a Chapter 7 bankruptcy in Missouri?

I find that many people are confused as to whether they should file in Missouri or Illinois. If you live in Illinois, you may think that because we are so close, you work in Missouri, or you spend all your free time in Missouri that it would only be natural to file bankruptcy in Missouri.

However, if you live in Illinois, you probably cannot file a Chapter 13 or Chapter 7 in Missouri. The rule is this: you must file your bankruptcy case in the state in which you reside or where you’ve lived for the 180 days preceding your bankruptcy filing. What if you’ve moved? If that is the case, you need to look at where you lived for a majority of that 180 day time period.

Plus, should you really file somewhere other than where you live? Local rules and the state exemptions that you would use to protect your property are intended to benefit the residents of that particular state. It may not make sense for you to file in another state anyway.

The most important thing for you to do if you are unsure where to file is to find an experienced St. Louis bankruptcy attorney who understands both states and can help you make the most of your case, regardless of where you file.

If you want to learn more about filing in either state, request a free copy of my Illinois and Missouri bankruptcy book, “Get Out of Debt: Secrets Your Creditors Don’t Want You to Know.”