Legal Question in Bankruptcy in California

I just relocated to California from Florida and I want to file for

Chapter 7 Bankruptcy. I was forced to relocate here because the job

market in Florida is very weak in my field and I could no longer

afford to live there. I have family here who is offering me room

and board while I find a job.

I have no assets, no propery and my case would be a very straight

forward and simple Chapter 7.

Before doing so, do I have to establish residency in the state of

California or can I go ahead and file?

What would happen if I were to file without first establishing

residency? I was under the impression that this could be done

anywhere.

Any advise on this topic would be greatly appreciated.

Thanks in advance.

--John


Asked on 4/24/11, 11:26 am

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

You need to be domiciled in the District where you are going to file for more than half of the previous 6 months. Domicile is where you intend to live permanently, not a temporary living place. Getting a driver's license and registering to vote where you now live are two excellent ways to prove your intentions. You need to use Florida exemptions for property you want to protect, if you have any.

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Answered on 4/24/11, 11:36 am


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