Questions From Newbie/ Discover Card/ MN Or NY Better To File In

Question:
First, I have heard that Discover Card will not allow you to include them in bankruptsy, that when you signed the CC form for them it included a statement to that effect. That just doesn't seem right to me. I know they are owned by Sears and Sears can be a bear to deal with but is there more to it than that? I have 37000 in unsecured CC's (VISA, MC, Discover) of which 9500 is on the Discover platnum card. Second, I am now, today, 30 days behind on one card. The others are coming up fast. I live in Rochester, MN but plan to be moving to Ithaca, NY (upstate) on Aug. 1st to look for a job there. Should I file for ch7 here or should I wait for when I get to NY. I quess what I am asking is are the exemptions and or BK laws better in MN or NY. MN residents can choose MN or Fed rules, NY must choose NY rules and they seem confusing to me (example, one TV worth 5000?) I have no real property and a 13 year old car, but lots of "things" in my apartment, most of which are not very new but in good shape. What about residency requirements. I will be seeing a lawyer very soon and I am sure they can answer the first question, but the second one could end up in a biased situation and I would like the truth from an uninterested bystander. Thanks for listening. Any help would be appreciated.

Answer:
ROFL. They only wish they could. Discover debts are fully includable in bankruptcy. As far as whether it is better to file in NY or Minnesota, only an attorney who has reviewed your asset and exemption situation can properly advise you. It may not matter from an exemption perspective; from a residency perspective, you'll probably have to file in NY if your file soon.





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