Georgia / California Filers Meet 180 day residency
Posted: Wed Mar 07, 2012 10:05 am
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Hello Sandra -
Check out 28 USC 1408, venue for cases.
Venue is proper in the district in which the debtor(s) had domicile,
residence, ppob, or principal assets for 180 days.
If the rest of the family moved to California, along with all belongings,
leaving Dad in an apartment to make money, you've got the principal assets
in CA for 180 days.
If Mom is in CA for good, she has residence and domicile here. It may be
enough to have one of two debtors establish domicile.
Finally, does Dad fully intend to move to California? If so, and he has
visited California with intent to move here, and he's just winding down his
Georgia residency, you have a good argument for domicile in CA for him too.
Domicile physical presence + intent to reside. It's the place where he
always intends to return to.
The fact that all money is from his Georgia employment proves something
about residency, but nothing about domicile.
John D. Faucher
On 3/7/12 9:35 AM, "riprapbiz" wrote:
>
>
>
>
>
> I am concerned about filing here in CA for joint debtors.
>
> Husband and wife have two households but ALL MONEY is from Georgia employment.
>
> Husband and Wife moved Wife and three children to CA in July 2011 (more than
> 180) days with job (with same Georgia company) promised to husband here in CA.
>
> Job fell through. But he is still pursuing job opps here within his company
> and he feels that he will succeed although he can produce no confirmation
> letter from a boss or otherwise to confirm same.
>
> Wife and children are here in Burbank Since July/August, children are making
> money acting. Wife is seeking employment but has made no money in the last
> six months.
>
> ALL Paychecks are from Georgia job and hubby is living in Georgia. He must,
> in order to support family while trying to relocate here to CA. Wife flat out
> REFUSES to move back to Georgia but they are not in process of divorce (yet).
>
> Wife and kids meet 180 day residency with obvious intent to stay. I met
> hubby, it's obvious he's determined to get here, but it makes me nervous.
>
> I've been reviewing Section 109 and 523(b)(3)(A) and I've filed successfully
> for debtors before who had moved here from Texas and moved back to Texas! But
> they were both here for six months employed in CA before they moved back.
>
> I guess I'm concerned that since he's the primary wage earner and remains in
> Georgia, this will mean they should file in Georgia? I see nothing in the
> Code to confirm my fears, given wife is here with intent to stay.
>
> Help.
> Thanks!
>
> Sandra Maria Nutt, Attorney at Law
> 5910 Van Nuys Boulevard
> Van Nuys, California 91401
> Tel: (818) 988-8878
> Fax: (818) 988-8339
> SandraNutt1234@gmail.com
> Web site: SandraNuttAttorneyAtLaw.com
> ALU Alumni http://www.AllThingsALU.com
>
>
>
>
>
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Hello Sandra -Check out 28 USC 1408, venue for cases.Venue is proper in the district in which the debtor(s) had domicile, residence, ppob, or principal assets for 180 days. If the rest of the family moved to California, along with all belongings, leaving Dad in an apartment to make money, you've got the principal assets in CA for 180 days. If Mom is in CA for good, she has residence and domicile here. It may be enough to have one of two debtors establish domicile. Finally, does Dad fully intend to move to California? If so, and he has visited California with intent to move here, and he's just winding down his Georgia residency, you have a good argument for domicile in CA for him too. Domicile physical presence + intent to reside. It's the place where he always intends to return to. The fact that all money is from his Georgia employment proves something about residency, but nothing about domicile. John D. FaucherOn 3/7/12 9:35 AM, "riprapbiz" <SandraNutt1234@gmail.com> wrote:
I am concerned about filing here in CA for joint debtors.
Husband and wife have two households but ALL MONEY is from Georgia employment.
Husband and Wife moved Wife and three children to CA in July 2011 (more than 180) days with job (with same Georgia company) promised to husband here in CA.
Job fell through. But he is still pursuing job opps here within his company and he feels that he will succeed although he can produce no confirmation letter from a boss or otherwise to confirm same.
Wife and children are here in Burbank Since July/August, children are making money acting. Wife is seeking employment but has made no money in the last six months.
ALL Paychecks are from Georgia job and hubby is living in Georgia. He must, in order to support family while trying to relocate here to CA. Wife flat out REFUSES to move back to Georgia but they are not in process of divorce (yet).
Wife and kids meet 180 day residency with obvious intent to stay. I met hubby, it's obvious he's determined to get here, but it makes me nervous.
I've been reviewing Section 109 and 523(b)(3)(A) and I've filed successfully for debtors before who had moved here from Texas and moved back to Texas! But they were both here for six months employed in CA before they moved back.
I guess I'm concerned that since he's the primary wage earner and remains in Georgia, this will mean they should file in Georgia? I see nothing in the Code to confirm my fears, given wife is here with intent to stay.
Help.
Thanks!
Sandra Maria Nutt, Attorney at Law
5910 Van Nuys Boulevard
Van Nuys, California 91401
Tel: (818) 988-8878
Fax: (818) 988-8339SandraNutt1234@gmail.com
Web site: SandraNuttAttorneyAtLaw.com
ALU Alumni http://www.AllThingsALU.com
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