Who is eligible for bankruptcy in Maryland?

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Question:

Who is eligible for bankruptcy in Maryland?

Answer:

Many states have created their own laws that supplement the federal laws that govern the bankruptcy process.  In most cases, states create rules to give individuals declaring bankruptcy a better chance at a new future, since the state laws are typically more generous with exemptions than the federal laws are.  When you declare bankruptcy in Maryland, you are eligible to use the more generous Maryland bankruptcy exemptions list. However, there are residency requirements for declaring bankruptcy in Maryland as a result.  So, who is eligible to declare bankruptcy in Maryland?

  • In order to declare bankruptcy in Maryland, you need to have lived and maintained a residence within the state of Maryland for at least two years prior to your filing bankruptcy in the state of Maryland.  
  • In addition, once you have successfully filed and completed a bankruptcy of either type within the state of MD, you will be barred from declaring bankruptcy again within the state of Maryland for seven years in the case of a Chapter 13 bankruptcy filing, and ten years in the case of a Chapter 7 bankruptcy filing.  

These are important points to consider when declaring bankruptcy in the state of Maryland. An experienced bankruptcy lawyer can also help you to determine if you are eligible for either chapter 7 or chapter 13 within the state of Maryland, and can assist you in deciding what chapter of bankruptcy is best for you. 

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