I have the option (I think) of filing in Fla or NC. I have gotten confusing information from different attorneys. How can I shelter a CD in the bank? There is a lot more in the CD than they allow you to keep. I can only put a few thousand in an IRA. Anyone have expierence with this??
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There is some flexibility in which venue a debtor may chose to bring a case, but those circumstances are limited. In any event, you file in the district in which your domicile, residence, principal place of business or principal assets are located, or have been located for the last 180 days, or the majority of such days.
So, for example, if you moved to FLA from NC, and have lived in FLA for 91 days, and all/most of your stuff is now located in FLA, you would file in FLA.
As for sheltering a CD, it all comes down to state exemptions. A CD is essentially a cash asset, so you need an exemption scheme that has a liberal cash exemption, or allows you to use unused portions of other exemptions as a freebie. Or, as it seems one attorney already mentioned, you need to move the cash into an exempt asset, like a protected retirement account. Another option would be to file chapter 13.Last edited by HHM; 02-20-2008, 10:54 AM.
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