Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
What matters is the type and value of the debtor's assets.
In general, if the debtor has a home that has substantial equity (more than $75, 000 - $100,000), then Florida exemptions would be more benefial.
I got got serveved with a lawsuit in CA ,for a breach of Zcontract, and I have a case in the court of appeal in TX
Since I can't flight it, the attorney suggested to file a BK,
I do not own a home
Your Bankruptcy has to be filed in the state where you live.
but some said in Florida they said it is better
I will be living in Florida in few days
And you have to use the exemptions from the state where you have lived for the 2 years before filing a Bankruptcy.
Have you lived in CA continuously for the past 2 years?
I'm OK with that
Where have you lived for the past 2 1/2 years?
The whole idea is start clean I'm getting whipped out from fighting the law suite in TX and now I have one i CA
IN CA , TX
Then you would have to use CA or TX exemptions.
You would not be allowed to use FL exemptions. But this is good for you, since you do not own a home.
That is good to know
If you do not own a home, CA and TX exemptions are more beneficial than FL exemptions.
This is because FL exemptions protect one's home, but not much else.
The whole idea is to make it difficult to any of the lawsuit compnay to object on the BK
and My atgorny suggested to file in FL
It does not matter where you file. What matters is the state's exemptions that you have to apply.
Bankruptcy laws are the same in all states, but each state have different exemptions.
So, it does not matter what state you file in.
However, you cannot file in any state until you have lived in that state for at least 90 days.
when it come to objecting on the BK , they have to show up to the meeting is that correct
and the attorney in TX said file it some where tso you can make it difficult for them to show up
Yes - the person or company or their attorney must show up at the Bankruptcy court to object to a discharge of the claim.
I Think filling in FL would make it difficult to the Tx compnay or the CA company to show up to Florida
The person or company can only object if their claim is based on fraud.
one of the cases in misrepresenation
and the other one is Realestate transaction on with the appeal court
as I said I just got served I there is no judgment
the Tx has not been finalized
Debts based on fraud or based on "false pretenses" are not dischargeable. If you include those debts, they would be discharged unless the creditor showed up and filed a motion to have the debt(s) determined to be non-dischargeable.
Because that is the only way the Bankruptcy court will know the debts were based on fraud or false pretenses.
is based on there is a judgment ? as I said there is no judgment yet, I just got served with the case
Obviously, it will be harder for those creditors to file a motion in a FL Bankruptcy court than in a CA or TX Bankruptcy court.
alledging wrong doing with misrepresenting the facts
thank you so much for your time
If you file a Bankruptcy before there is a judgment, the Bankruptcy will prevent them from getting a judgment.
that is the whole idea
There does not have to be a judgment to have a claim discharged.
thank you so much