Can I move after I file chapter 13 bankruptcy in the Eastern District of California?

Are you considering filing for a Chapter 13 bankruptcy in California’s Eastern District and curious about how it will affect your moving plans? Wherever life’s circumstances may take you, the thought of staying put due to a bankruptcy filing can be daunting. Fear not, at Liviakis Law Firm, we believe in equipping our clients with the right information to make informed decisions. Let’s delve into the idea of moving while your Chapter 13 bankruptcy is still in process within California’s Eastern District.

What is Chapter 13 Bankruptcy

Before we delve into moving, let’s briefly cover what Chapter 13 Bankruptcy entails. Unlike Chapter 7, which liquidates your assets to pay off debts, Chapter 13 allows you to reorganize them. It provides you with a repayment plan over three to five years to take care of your debt while keeping your property.

Can I Move?

Yes, you can. Filing bankruptcy, including Chapter 13, doesn’t rob you of your fundamental right to travel or relocate. However, bankruptcy proceedings are complex, and moving during this period might come with a few challenges and limitations. These depend on your specific situation and the reasons for your planned move.

Challenges and Limitations

The first challenge arises from the need to attend mandatory court appearances, such as the 341 meeting of creditors. Even if you moved, you’d have to arrange to make an appearance at these hearings.

Another thing to consider is how the move will impact your repayment plan. If moving influences your income or living expenses in a significant way, you need to inform the trustee immediately and may have to readjust your payment plan.

Steps to Take If You’re Planning to Move

If you still decide to move, here’s what you need to do:

• Inform Your Attorney: Your first point of call should be your attorney. They can guide you on what steps to take and the impact your move might have on your bankruptcy proceeding.
• Inform the Court: Any changes in your address must be reported promptly to the court and your bankruptcy trustee.
• Update Your Records: Have your records updated across all necessary bodies for mail redirecting. Remember, missed notices can result in serious consequences, such as dismissal of your case.
• Plan for Court Appearances: If you must attend court proceedings, ensure you have a plan about how to appear at hearings. Failure to appear can lead to dismissal of your case.

Moving during the bankruptcy process is certainly possible. However, it requires meticulous planning, and you must make sure you keep all the necessary parties informed. Consult with an experienced Sacramento bankruptcy attorney to help you navigate this process with ease.

Keep in mind that while this information is designed to provide a general overview, each person’s bankruptcy is unique. Nothing replaces professional legal counsel tailored to your specific situation.