QUESTION
Will my resident address matter if I file for bankruptcy?
Asked on Jun 20th, 2014 on Bankruptcy - California
More details to this question:
I work and was born in San Diego, California. I moved to Tijuana, Mexico to get away from an ex-boyfriend I had a restraining order against. Does my resident address matter if I file for bankruptcy?
4 ANSWERS
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
You must file bankruptcy in the district where you have resided, had assets or a place of business for the greater part of the last 180 days. If you reside in Mexico you would not be able to seek protection under Federal Bankruptcy law.
Answered on Jun 30th, 2014 at 8:09 AM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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Venue for bankruptcy filing is set forth in 28 USC Section 1408 and includes domicile, residence, principal place of business in the U.S., or principal assets in the U.S.
Answered on Jun 25th, 2014 at 9:33 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You must live in the bankruptcy jurisdiction to file there. You are in Mexico so you do not live there. In cases of abuse it may be possible to file in another jurisdiction, but not if that jurisdiction is out of the country.
Answered on Jun 25th, 2014 at 9:27 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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The debtor's address must be disclosed in a bankruptcy case, but you can still file for bankruptcy protection in the U.S. if you have assets in the U.S. even if you reside elsewhere. It's not as difficult as you might think to be entitled to file in the U.S.. You don't need to own a house or some big asset here. If you have a savings account in a San Diego credit union, for example, it has been sufficient in some cases. Also, if you have some things in a storage unit here, you would have what is called "venue" in the district where that storage facility is located, by way of further example.
Answered on Jun 25th, 2014 at 4:44 PM