Where to File Your Personal Bankruptcy
Which states are the
best when it comes to a personal bankruptcy? Texas and Florida are good bets. They both
have virtually unlimited homestead exemptions. This means that you can go through a
chapter 7 bankruptcy, ditch all your debts and retain your home no matter its cost.
After the bankruptcy is finalized, youre completely free to sell the place and use
the proceeds to start a new life. Many rich people have taken advantage of this loophole
- why shouldnt you?
Ken Lay the former CEO of Enron owns a penthouse condo in Houston Texas. It's current
value is around eight million dollars. After he's been prosecuted for his participation in
the Enron disaster, if he's forced into bankruptcy he has nothing to worry about. Under
Texas law he can retain all of the equity in a home, the only limit being that it is less
than 100 acres in size. He can hide behind bankruptcy and when it's all over, emerge to
sell his condo and walk away still a millionaire.
Also - Florida is one of the few states that fully protects accumulated retirement funds
from the bankruptcy courts. Why do you think O.J. Simpson is free to play golf all day on
his football retirement? His advisors have his $25,000 monthly NFL retirement check
deposited in an account in, you guessed it, sunny Florida!
If the check had gone to most other states it would have been seized by the courts and
given to the Brown family as part of their civil judgment.
If youve amassed a sizeable retirement fund over the years or just want to take
advantage of the most liberal bankruptcy laws in the country, you might want to chat with
a bankruptcy attorney in one of these states. It just might save you a small fortune.
But
making an obvious move in order to take advantage of one state's more liberal personal
bankruptcy laws might backfire. Always have an excuse for a recent move in mind in case
you're asked to prove your reason for moving.