Legal Question in Bankruptcy in California

Can I file for bankrupcy in California being that I'm a resident of Washington state.

Asked on 9/11/09, 4:27 pm

2 Answers from Attorneys

The obvious question is: Why do you want to file in CA?

The answer: If you lived in CA for the 180 days preceeding the filing, you can file in CA. Also, if you have real property in CA, you may be able to file in CA.

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Answered on 9/11/09, 4:43 pm
Vincent Gorski The Gorski Firm, APC

Section 1408(1) of Title 28 of the United States Code states that venue is proper in any district where the debtor had either a domicile, residence, principal place of business, or principal asset during the longest portion of the 180-day period preceding filing of the case. As a practical matter, the language "longest portion" of the 180-day period means that if you lived in California for 91 days of the last 180 days then you can file hear. The language is a bit misleading. You only need to have lived in California for 91 days.

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Answered on 9/11/09, 4:50 pm

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