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Posted on April 20, 2008 by Jonathan Alper

Can You File Bankruptcy In Florida If You Work And Live Overseas Temorarily?

I received an email from a man who was working overseas on a long-term work assignment. His last residence in the United States was in Volusia County, Florida. He wanted to know if he could file bankruptcy and if his retirement pay, which he received monthly from a prior employer, was protected in bankruptcy. If you leave Florida to work overseas on a temporary basis you are probably still a Florida resident and can file bankruptcy in Florida. He would file in the Middle District of Florida because Volusia County is in the Middle District. Being stationed overseas for work does not forfeit Florida asset exemptions. Pension payments payable to Florida residents are exempt regardless of where the resident resides on a temporary basis.

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Comments

I´m in a similar situation where I´ve been a Florida resident prior to leaving to go overseas, however my stay overseas was for familiy reasons and not work related reasons.
I´ve continued to operate my Florida business during my overseas stay.
Am I still considered a FL resident for bankruptcy filing purposes?
Thank you.

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