Legal Question in Bankruptcy in Georgia
Moving
I am moving from Georgia to California. Do I have to file before I move, or
can I do it when I get to California. I filed previously in 1998 and May marks
7 years. I will be moving before May so I need to know if I have to file before
I move.
3 Answers from Attorneys
Re: Moving
You must be a resident of the state for 90 days. Therefore, you can either file in GA prior to moving (in which case you would need to be present for the 341 creditor meeting and court) or move to CA and wait the 90 days.
Scott Riddle
www.atlantabankruptcygroup.com
Re: Moving
Without all your financial information this is hard to answer.
However, since Congress seems near passage of a new law making it harder to file (and extending the time between filings) I'd say that you should look at filing here. If you move you may either be hit by the new law, have a delay to use Calif. exemptions, or have other problems. Go to www.glenashman.com, complete one of our worksheets and we can review it and assess your options.
Re: Moving
The law reads that you file in the jurisdiction that you have resided in for the better of the last 180 days. Therefore, if you wanted to file in California, you would have to reside there for 91 days after you move there. Therefore, I would suggest you file in Georgia to save yourself some time. If you do not move prior to May, you will have approximately two months and since the 341 hearing is scheduled approximately 30 days from the date you file, you would still reside in Georgia for your hearing and therefore not have to travel from California. Please visit my site at www.4georgiabankruptcy.com and give me a call and we can discuss your situation.
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