Venue for Filing
Posted: Sun May 11, 2008 11:39 pm
Under 28 USC 1408 venue is proper in the jurisdiction where debtor resides,
has his PPB in the USA, OR PRINCIPAL assets in the US. Under your facts,
it would likely depend on the value of the new home (and other assets)
located in the "new" state where the debtor resides, versus the value of the
home here in California.
And, as you know, all the above still depends on the "greater part of the
last 180 days" rule, so timing may also be an issue.
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To:
Sent: Sunday, May 11, 2008 11:16 PM
Subject: [cdcbaa] Venue for Filing
> Question: If a client moves out of state, buys a new home in the other
> state, but keeps a property here that they derive income from and
> intend to retain through a Chapter 13, can the case be filed here,
> rather than in the other state, although exemptions of other state
> apply? I did not see any changes in the venue rules that would
> prevent filing in a jurisdiction where debtor owns property or
> operates business. Thoughts!!??
>
> Lou Esbin
>
>
> ------------------------------------
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