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Debtor in Jail
I would recommend you wait until the debtor is out, or file just shortly before release so the debtor can appear at 341a.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, September 10, 2012 12:59 PM
Subject: [cdcbaa] Debtor in Jail
Not sure if anyone can help with some info on this: Have a client in jail and he wants to file Chapter 7. He lived in the SFV but has been a resident of the State up in Kern County for over 6 months. Will this effect his place of filing? He has another year to go on his sentence but wanted to file so when he gets out he has a clean slate. Thank you for your responses.
Law Offices of Steven A. Wolvek
23480 Park Sorrento, Suite 109A
Calabasas, CA 91302
818-227-3379 / FAX 818-227-3383
email: mailto:steve%40wolveklaw.com
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Dear Steven,
28 U.S.C. 1408(1) should prove useful:
[A] case under title 11 may be commenced in the district court for the district- in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district . . .
Also take a look at my article in a recent newsletter on exemptions - I have attached the Word version for your edification. Although exemptions are probably not an issue for your potential client, section III of the article has a discussion of the difference between residence and domicile. It is that portion of the article that may be helpful in applying 28 U.S.C. 1408(1) to your PC's case.
Good luck,
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
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Not sure if anyone can help with some info on this: Have a client in jail and he wants to file Chapter 7. He lived in the SFV but has been a resident of the State up in Kern County for over 6 months. Will this effect his place of filing? He has another year to go on his sentence but wanted to file so when he gets out he has a clean slate. Thank you for your responses.
Law Offices of Steven A. Wolvek
23480 Park Sorrento, Suite 109A
Calabasas, CA 91302
818-227-3379 / FAX 818-227-3383
email: steve@wolveklaw.com
The post was migrated from Yahoo.