Novato, CA asked in Bankruptcy

Q: Where should (can) I file for Bankruptcy?

My wife and I rent in San Francisco. Wife owns a house(exemptable) in San Bernardino County. We split time between the two. I am filing for Chapter 7 Bankruptcy. She works in SF. I am retired.

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4 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: California has four bankruptcy districts (you can google this easily).

As only you plan to file for bankruptcy relief, you are required to file where you reside, or where you maintain substantial assets,

Timothy Denison agrees with this answer

A: Since you are filing, it should be where you primarily reside. Your lawyer will know which district (Northern or Central) is most advantageous for a debtor to file.

A: At this time, the Bankruptcy Court in Riverside (which includes San Bernardino County) is somewhat in flux, with one of its judges leaving at the end of January, and his caseload is being covered by the other judges. Also, it is sometimes considered unfriendly to debtors, so if you have a choice, seriously consider filing your case in San Francisco.

Timothy Denison agrees with this answer

James L. Arrasmith
PREMIUM
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Answered

A: You have options for filing bankruptcy in your situation, since you split time between two locations. Based on the bankruptcy venue rules, you can file in either the Northern District of California (San Francisco) or the Central District of California (San Bernardino), as you maintain residences in both jurisdictions.

Since your wife works in San Francisco and you spend significant time there as renters, filing in the Northern District could be more convenient for attending court proceedings and meeting with trustees. However, if most of your debts and creditors are located closer to San Bernardino, that venue might make more sense for your case.

The most important factor is where you've lived for the majority of the last 180 days - this will be your proper filing jurisdiction. Consider consulting with bankruptcy attorneys in both districts to discuss your specific circumstances and determine which venue would be most advantageous for your situation. They can review your residency patterns, debt locations, and other factors to help you make the best choice.

Timothy Denison agrees with this answer

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