Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
The state cannot seize pension funds that are controlled by a plan administrator. It can only reach the funds as they are withdrawn. If you have already rolled this money over into a private account, then it can be reached by the BOE. If you have any other money that you can transfer to a Nevada bank that has no California branches, then the BOE could not reach that money directly. It would have to get a judgment against you and register that judgment in Nevada in order to try to collect.
Concerning your other, non-government related debts, filing bankruptcy may wipe all of them out. Your husband's pension is exempt from your creditors in bankruptcy, so you won't have to worry about that.
For a bankruptcy lawyer referral, see: http://www.abanet.org/legalservices/lris/directory/.
Note: you will have to file in California, if you moved within 180 days of filing.
Hope this helps.
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