Legal Question in Bankruptcy in California

Re: Bankruptcy while incarcerated

This isn't as easy of a question as one might think. Clearly, you and your husband have a legal right to pursue bankruptcy protection. Generally, you also have the right to file a "joint petition" in which you are both debtors. I have also seen many cases filed where the debtor is incarcerated, so there is one question left, and that is of jurisdiction.

Jurisdiction refers to the Court's power or authority to grant the relief requested. In the context of bankruptcy, that usually refers to the fact that a debtor must have resided in the State and County of the Court in which they file for 180 days prior to the filing of the case. In your case, the court almost certainly (assuming you have lived in the same area for 180 days) has jurisdiction to handle your case. By way of example, if you have lived in Orange County for 180 days preceding your filing, the Bankruptcy Court of the Central District of California has jurisdiction to handle your case. Your husband, however, does not live in California.

The Bankruptcy code in � 302(a) refers to a joint case being filed where the individual debtor (you) may file. That seems to indicate that so long as you qualify, your husband may join in as a joint-debtor, HOWEVER, I am sure there are cases that may have answered this question. I generally don't do extensive research to answer questions on this forum, and rather, would suggest that you meet with a bankruptcy attorney to review this further, and give you the exact state of the law. If you are in San Diego or Orange County, I would be more than happy to meet with you to discuss this further.

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