QUESTION

Where would I have have to file for bankruptcy if I moved out of a state and the lawsuit was done in another?

Asked on Sep 26th, 2013 on Bankruptcy - California
More details to this question:
I recently moved to New Mexico from California. I was involved in an accident that was my fault. There were no alcohol or drugs involved, though I did cause physical damage to a person. I was later involved in a lawsuit through the insurance company. Would I be able to file for bankruptcy for the amount of money I was ordered through the courts to pay? If so could I do it out of the state it was ordered in?
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3 ANSWERS

Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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The proper location in which to file bankruptcy is where you resided for the past 91 days (the majority of the prior 180 days). For convenience, you might want to consider waiting until you have been in California for 91 consecutive days. That way, you won't have to travel to NM to attend a creditors meeting or any hearings. As to the claim from the accident, it (along with every other debt or claim against you) MUST be included in your bankruptcy, along with ALL of your assets. You are not allowed to selectively list debts/claims or assets. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
Answered on Sep 27th, 2013 at 9:42 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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You would be filing in New Mexico as long as you have lived there for at least 91 days. You may want to consult an attorney to discuss the differences in the exemptions between California and New Mexico, which might persuade you to file by a certain time, whether this matters depends on the types and values of your different assets.
Answered on Sep 26th, 2013 at 9:36 PM

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Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA at Law Offices of Robert Parkinson Taylor
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You generally file where you live. Filing in New Mexico will take care of a California judgment (assuming it is otherwise dischargeable).
Answered on Sep 26th, 2013 at 9:34 PM

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