A recent potential client asked me how long he has to live in Florida before he can file bankruptcy in this state. The client was going to move from another state and establish residency here.
If a person just recently moved to Florida he must wait at least 91 days before he can file for bankruptcy. He should immediately obtain a Florida driving license to prove when he arrived here. The issue becomes more complicated if the individual buys a home in Florida and then wants to exempt that home as a Homestead in Florida in a bankruptcy. Under the new law that was enacted in 2005 the individual must wait at least 730 days (2 years) to claim the Florida Homestead exemption. If the case if filed before the 730 day period the debtor must look to the homestead law of the state that the debtor lived in previously.
Before making any decision to use the Florida Homestead exemption you should schedule a free consultation with a Ocala Bankruptcy lawyer of Laurence A Steel.