QUESTION

If I live in one state but I am moving to another state will I be able to file for bankruptcy?

Asked on Oct 03rd, 2013 on Bankruptcy - California
More details to this question:
I live in Sacramento California but I am moving to Arizona can I file bankruptcy from Arizona? Or can I file from anywhere in California? Example from Calexico California even all my debts are in Sacramento.
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3 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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You can file in the state where you lived for at least half of the last 180 days before the bankruptcy is filed. The exemptions are dictated by the prior state.
Answered on Oct 03rd, 2013 at 12:29 PM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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It's a little technical but you can basically file where you live. You may have to wait some additional days. The real issue is what exemptions will you be allowed to use and that can get very complicated.
Answered on Oct 03rd, 2013 at 10:54 AM

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Bankruptcy Attorney serving Oakland, CA at Elkington Law
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There are lots of rules about venue and domicile in bankruptcy. Assuming you've lived in California for the last 3 years: If you move to Arizona, you must live there at least 91 days before you can file there, but you'll have to use the exemptions from California. There are laws now (thanks to OJ Simpson), that restrict a debtor from "venue shopping". So even if you move to Arizona you must file in Sacramento (Eastern District of California) in the first 90 days of living in Arizona. And, you'll have to return to Sacramento for the meeting of creditors. And, lastly, in that first 90 days it has to be in the Eastern District of California, and not any other District. You should get a good attorney that understands cross state exemptions, or just save yourself some time and possibly money and file in Sacramento.
Answered on Oct 03rd, 2013 at 10:52 AM

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