QUESTION
How long do I have to be a resident of California county before I can file bankruptcy?
Asked on Jan 18th, 2011 on Bankruptcy - California
More details to this question:
How long must I be a resident of a California county before I can file chapter 13 bankruptcy?
4 ANSWERS
You need to be a resident of California for at least 91 days before you can file bankruptcy in California. However, depending on the assets you may have, you need to be carefully because you may not be able to take advantage of California's exemptions if you have not been residing in California for the past 730 days. Instead, the exemptions of your previous state would apply.
Answered on Feb 12th, 2011 at 4:58 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
at
Orantes Law Firm
Update Your Profile
You must have spent the majority of the last 180 days in the place where you want to file bankruptcy. Be mindful that the exemption laws that will apply to you will depend not only on the last 180 days but on the last 721 days. You should consult experienced counsel to make that determination.
Answered on Jan 18th, 2011 at 9:58 PM
Bankruptcy Attorney serving Hayward, CA
at
Carballo Law Offices
Update Your Profile
At least three months if the residence has been continuous. If you have not lived continuously in a California county for that period of time you need to check with an attorney because it gets complicated. There are issues however with regard to the exemptions that you can use if you have been a resident of another state in the past two years. You need to check with a local bankruptcy attorney to see what exemptions you can use and how that will affect your case. The restrictions on the exemptions are designed to prevent people from moving to take advantage of exemptions in states that have higher exemptions.
Answered on Jan 18th, 2011 at 7:43 PM
Worker's Compensation Attorney serving Corona, CA
at
Workers' Compensation Lawyer, Inc.
Update Your Profile
If a debtor has not resided or been domiciled, or had its principal place of business or principal assets in a single federal district within the preceding 180 days, venue is proper in the district where the debtor had the longest of such contacts. 28 USC 1408(1)
Answered on Jan 18th, 2011 at 5:43 PM