How long do I have to be a resident of California county before I can file bankruptcy? 11 Answers as of February 12, 2011

How long must I be a resident of a California county before I can file chapter 13 bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
You need to be a resident of California for at least 91 days before you can file bankruptcy in California. However, depending on the assets you may have, you need to be carefully because you may not be able to take advantage of California's exemptions if you have not been residing in California for the past 730 days. Instead, the exemptions of your previous state would apply.
Answer Applies to: California
Replied: 2/12/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
As soon as you become a resident.
Answer Applies to: California
Replied: 1/20/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
I believe you must file in the county in which you have spent the greater portion of the last 180 days prior to the filing.
Answer Applies to: California
Replied: 1/19/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
In order to file any chapter of bankruptcy in a given district you must have resided in that district for the greater part of the 180 day period prior to filing your case, or have your principal assets located in that district for the same period. Usually this comes out to 91 days.
Answer Applies to: California
Replied: 1/18/2011
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
You must have spent the majority of the last 180 days in the place where you want to file bankruptcy. Be mindful that the exemption laws that will apply to you will depend not only on the last 180 days but on the last 721 days. You should consult experienced counsel to make that determination.
Answer Applies to: California
Replied: 1/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    At least three months if the residence has been continuous. If you have not lived continuously in a California county for that period of time you need to check with an attorney because it gets complicated. There are issues however with regard to the exemptions that you can use if you have been a resident of another state in the past two years. You need to check with a local bankruptcy attorney to see what exemptions you can use and how that will affect your case. The restrictions on the exemptions are designed to prevent people from moving to take advantage of exemptions in states that have higher exemptions.
    Answer Applies to: California
    Replied: 1/18/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Must reside in California for a majority of the last two years to apply CA exemptions. Must reside in California county 91 days in order to file in that county.
    Answer Applies to: California
    Replied: 1/18/2011
    The Shakoori Law Group
    The Shakoori Law Group | Rachelle Shakoori
    There is a 180 day residential requirement to file and a 2 years residency requirement to use CA exemptions.
    Answer Applies to: California
    Replied: 1/18/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can file at anytime after 90 days. The issue is which set of exemptions you can use. You will need a lawyer to sort that out. Find one at NACBA.ORG.
    Answer Applies to: California
    Replied: 1/18/2011
    The Pedigo Law Corporation
    The Pedigo Law Corporation | Brian T. Pedigo, Esq.
    If a debtor has not resided or been domiciled, or had its principal place of business or principal assets in a single federal district within the preceding 180 days, venue is proper in the district where the debtor had the longest of such contacts. 28 USC 1408(1)
    Answer Applies to: California
    Replied: 1/18/2011
Click to View More Answers: