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?
3 Answers from Attorneys
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.
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).
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.