Legal Question in Bankruptcy in California

I am considering filing for bankruptcy, having gotten myself overwhelmed with title loan payments, a high interest loan, a couple of credit cards, back state taxes, etc. My official state of residence is Nevada, however, due to circumstances, I find myself living with my daughter in Rosarito, Baja California, Mexico. I may be transferring my mail and driver's license back to Calif. The question is: Can I file in California, or do I need to go back to Nevada?

Asked on 4/15/14, 6:12 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You do not state any connection with California. Baja California is part of Mexico. A signer of a bankruptcy petition attests under penalty of perjury to the following: "Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District [where the petition is filed] for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District." You will have to decide whether you can sign this oath under the circumstances you describe.

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Answered on 4/20/14, 9:18 am

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