Asaph Abrams Attorney at law

San Diego Bankruptcy

bankruptcy attorney in san diego

What if I’m from out of state?

Obscure background:

When the Bankruptcy Code was overhauled in 2005, Congress addressed a phenomenon whereby petitioners would shop for superior state bankruptcy exemptions.  For example, in the Lone Star State, you can protect unlimited home equity. . . well, it’s limited to 10 acres in town (or 100 to 200 out in the bush, as my old Aussie friends would put it).  So, to protect (Texas) bankruptcy courts from overcrowding, the House established residency requirements. 

The answer:

You need to abide by domiciliary requirements in order to use California’s bankruptcy exemptions.  Otherwise, you’re to use federal bankruptcy exemptions or your former state’s bankruptcy exemptions, depending on the circumstances.  In order to abide by “domiciliary” requirements, one must demonstrate proficient pronunciation of “domiciliary.” Okay, not really. Yet, one must have been domiciled in California for 2 years in order to use its bankruptcy exemptions and domicile means roughly, “resided.”

If you’ve been domiciled in CA more than 90 days, but less than 730 days, then get this: you will use either 1) the federal exemptions or 2) the exemptions of the state where you were domiciled for the majority of the time during the 180 days preceding the 730 days before filing for bankruptcy protection.  You’ll need to consult with your attorney and a calculator to determine which exemptions to use.  And, yes, all the above is worded correctly. 

What if I’m new to the county?

Whether you’ve moved to your present county from out of state or elsewhere within the state, you will need to file for bankruptcy protection in the bankruptcy court for the applicable federal district where you were domiciled* for the majority of the 180 days prior to filing.  San Diego and Imperial Counties belong to the Federal Court’s Southern District and its Bankruptcy Court is the handsome, columned building on West F. St. in downtown San Diego.  So, if you just moved to San Diego from Rancho Cucamonga, otherwise don’t qualify for the San Diego venue, and can’t wait out more than 90 days, then you’d need to file your bankruptcy in the Central District’s Riverside Division.  That wasn’t a strictly necessary example, but I just dig saying, Rancho Cucamonga. 

*Note: location of principal place of business, principal assets, or particular pending cases, can also determine which district you’d file in.

General Bankruptcy Questions

San Diego bankruptcy attorney
San Diego bankruptcy attorney

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