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Category: Bankruptcy Law
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Ive lived in AZ for 1 and 1/2 yrs, I am formally from CA and

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I've lived in AZ for 1 and 1/2 yrs, I am formally from CA and I need to file bankruptcy 7, do I use AZ gudidelines for median for income, or CA?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

It is possible to file bankruptcy in the state that you have lived in the last 180 days OR where your principal assets have been located for the last 180 days.

Thus, you may have the right to choose California or Arizona. Usually, one's residence is where all of his/her principal assets are located (or at least the biggest asset - the home). But, there are cases where that's not true.

That said, it's most likely that Arizona would be the applicable venue, and whose median income you'd choose.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26425
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your time and quick response, with that being the case I only lived in California for about four months I am originally from Florida where I live for four years. I do not own a home just a timeshare and all of my assets as far as furniture etc. is still in Florida in PODS. I moved around quite a bit due to a layoff trying to find work and no place to live. What do you suggest?
Customer: replied 1 year ago.
Also my taxes are filed under my California address.
Expert:  Roger replied 1 year ago.
Hi - thanks for the follow-up.

If you've been in Arizona for the past 6 months, you certainly can file there. Also, it may be possible to file in Florida if that's where your assets are.

Also, if you claim residency in California, you could file there as well.

Usually, it's easiest and cheapest to file where you're living because of the obligation to attend hearings, etc.
Customer: replied 1 year ago.
Can I file in AZ, Where I am residing currently But use California as my residencey and California amounts for my for my median income and exemptions? By the way you are awesome I really appreciate your feedback!
Expert:  Roger replied 1 year ago.
No, you would have to use the median income and other laws for the state where you file. You can't file in one state and apply the law of another state to the case.
Customer: replied 1 year ago.
Wow, thank you! I'm thinking.
Expert:  Roger replied 1 year ago.
Sure. Let me know if you have any additional questions.

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