Hemet, CA asked in Bankruptcy for California

Q: If I move and declare bankruptcy in another state, will the California exemptions be able to be used?

I have lived in California for 16 years.

Related Topics:
3 Lawyer Answers
David Earl Phillips
David Earl Phillips
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: Yes. If you move you will use the California exemptions until you have been in the new State for 2 years. After 2 years you would then use the new States exemptions. There are exceptions to this rule if you live in more than one new State in the 2 year time period. Talk with a bankruptcy lawyer in the State you are moving to and they will be able to advise you how this will work. Good luck!

Harlene Miller agrees with this answer

Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Exemptions are determined by the state in which you are residing in when you file. You must be a resident for 180 days.

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Berkeley, CA
  • Licensed in California

A: You have to reside 6 months in the new jurisdiction before filing there. Better file now in California and avail yourself of the high house exemptions. Best of luck

Harlene Miller agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.