Legal Question in Bankruptcy in California

divorce and bankruptcy

I plan to leave my husband. We are in need of chapter 7 bankruptcy. I will be moving up north to my daughters before we file. Do I need to file with him? and if I do will it require me to fly down for any of the process? or can I file separately in Northern California?


Asked on 6/10/08, 2:32 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: divorce and bankruptcy

As a part of the Bankruptcy Code, there is a residency test which must be satisfied. You need most likely to file in Southern California, unless you want to move and wait until you meet the residency requirements. There are a lot of factors to consider, and I would suggest that you meet with a local bankruptcy attorney now before you make your plans to leave. Some factors in addition to the residency requirements include the fact that if you are in bankruptcy when you move up to Northern California, yes, you will have to return to Southern California for court hearings, creditor meetings, etc... You may also experience difficulty finding an apartment or home to rent if you are in a bankruptcy, as it will appear on your credit report. Please consult with an attorney before you make your plans to move.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/19/08, 12:38 pm


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