Georgia / California Filers Meet 180 day residency requirement
Posted: Wed Mar 07, 2012 9:58 am
The venue statue is not section 109 or 523 of the Bankruptcy Code.
It is 28 USC 1408. It can be linked to residency OR domicile, OR
principal place of business OR principal asset location. Unless ALL
of these are in Georgia, I don't see why you can't file here in
California. Domicile I believe merely requires an intent to make a
place your domicile (or maybe I'm confusing that with residency) but
either way, the wife and children clearly meet the requirements and
the husband intends to make California his domicile, so I don't see
any issue with filing here, particularly if they have bank accounts
here, etc. In any event, the worst case scenario is that IF
someone objects (and in 22 years I've never seen that happen) then
the case would get moved to Georgia, but who's going to object? It
doesn't even affect which state's exemptions apply, so it's not a
matter of forum shopping.
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
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