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  1. #1

    Default What Address to Use on a Bankruptcy Petition

    My question involves bankruptcy in the state of: CA

    I have a question about my official address. I moved 2 years ago, but never filed a change of address with the post office or the DMV. Because a relative still lives at my old address, I am still able to get mail there. It's mostly junk mail, and crap I don't want anyways.

    I have been renting my own place now for 2 years, and the utilities are in my name at new address, as well as car insurance, and a few other things, such as when I received food stamps for a few months last year when I was unemployed.

    But, my CA driver's license still has old address, and almost ALL of my bank and financial stuff goes to the old address. I have even filed my taxes using old address for last 2 years, with no issues.

    Questions:
    How do I fill out my chapter 7 forms? What address should I use, because my new one is the one where I pay rent and have utilities? (the old one didn't)
    Is this going to cause the court confusion?
    Will I need to show any proof of paying rent at the new address?

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Address to Use on a Bankruptcy Petition

    You should follow the law by updating your driver's license to your actual address. If it were me, I would update my address across the board, and file using my current address such that I were in compliance with state law on my driver's license and also reduced the chance of having a creditor potentially assert that I'm trying to commit fraud. I would also want court documents and notices to come to my actual address. It's also possible that your two addresses fall under the jurisdiction of different districts of the bankruptcy court.

    You're either paying rent or you're not. If you're not paying rent, then you have no rent obligation to declare.

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
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    2,344

    Default Re: What Address to Use on a Bankruptcy Petition

    Very bad outcomes occur when people play games with their address, particularly in tax matters. I had a client that wanted to claim his children (lived with sig. other and their children) but he got all his mail at his mom's house? Why? Who knows, perhaps he was trying to duck someone. But when the IRS asked him to prove that his children lived at the same address where he lived, it was not the address from which he filed his income taxes and they disallowed the $5000 they had already given him for the earned income tax credit. I'm guessing similar or worse outcomes can occur when games are played with the bankruptcy court.

  4. #4

    Default Re: What Address to Use on a Bankruptcy Petition

    I'm certainly not trying to play games with the IRS or with the bankruptcy court. I have been using the old address mainly for privacy. I had my identity compromised (identity theft) and was merely trying to "cut the paper trail" to throw off the criminals that have stolen my identity. They know about my old address but probably not the new one. I try to be very discreet about my new one and only give it out to people I know, or in situations when I absolutely have to. As a matter of fact, where I live now has a HUGE problem with mail being stolen. All of my neighbors have the same issue, and almost everyone who lives in my complex uses a PO box or another mailing address for this reason.

    As far as taxes, it makes no difference which address I use because I am not claiming any renter's credit because it doesn't affect my refund; I get the same amount regardless.

    BTW, I am also wanting to move again, because I am not happy with my current residence. I really wanted to move out a year ago, but was out of work. I have been living here for 2 years and want to move out badly, before my BK goes through, because afterwards it is going to be almost impossible to rent anything for a number of years. I really don't want to be stuck here.

    As far as my driver's license, I am merely trying to avoid the $30 fee to get a new one with updated address, especially if I am going to move again soon.

    I just want to fill out my BK forms correctly, but not change everything over address-wise (for reasons mentioned above) to new address(s) if I don't have to.

    I know that it is the same court district for both addresses, if that makes any difference.

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