Legal Question in Bankruptcy in California

Filing US bankruptcy from out of the country

We are relocating out of the United States and are contemplating filing chapter 7 for our debts incured during our life in the US. What are the laws surrounding where you reside when you file for chapter 7?


Asked on 4/23/03, 2:15 am

3 Answers from Attorneys

Lauren Ross Lauren Ross

Re: Filing US bankruptcy from out of the country

You will be required to file in the jurisdiction where you have resided for at least 90 days. The laws vary from state to state with respect to the exemptions and other issues. Once you have relocated, you should consult with a local attorney in that area to discuss your case.

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Answered on 4/23/03, 11:23 am
Mark Markus Law Office of Mark J. Markus

Re: Filing US bankruptcy from out of the country

That's a little tricky. You must have a minimum of two things to file bankruptcy in the USA. 1. You must have some assets in the USA (such as real property, or even a bank account). 2. You must have a valid mailing address where you regularly receive mail in the USA. You would file the bankruptcy in the jurisdiction where you last lived prior to moving (assuming you had lived at that last address for at least 3 months).

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Answered on 4/23/03, 2:49 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing US bankruptcy from out of the country

You will have had to maintain a domicile or residence, or have your principal assets in the district where you are filing for the greater part of the 180 days immediately prior to the date of filing. California seems to have the most liberal exemptions of any state in the country if you have a lot of assets. Good luck to you in your new adventure. -Robert F. Cohen, Esq.

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Answered on 4/23/03, 4:57 am


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