Legal Question in Bankruptcy in California
A family property is located in King County, Seattle WA. It is in foreclosure. We reside in Alameda County, Oakland, CA. In which state and court would we file a bankruptcy petition?
3 Answers from Attorneys
When a person or couple files for bankruptcy, the proper court is based on where they have lived for the majority of time during the 180-day period leading up to the bankruptcy. If you have in California for the last 6 months for example, but only moved to Oakland last week from San Diego, you would file in San Diego. If you have lived in Oakland for 91 days of the last 180 days, you would file in Oakland.
In your case, there is a bankruptcy court located at 1300 Clay Street, Suite 300, Oakland, CA 94612. I would contact the National Association of Bankruptcy Attorneys (www.nacba.org) and find an attorney near you for a free consultation.
A family property is located in King County Either in the state where you have resided for the last 180 days, or the state where your principle assets are located.
It makes sense to file in the county where you live, assuming you qualify as Mr. Starrett has stated. You will have to attend a creditors' meeting about a month after you file, so it would be very convenient if it were within walking or BART distance rather than a plane flight or two!
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