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    #1

    residence county requirement

    Hi,

    I and my wife travel a lot for business nowadays and we are considering Chapter 7. Our primary residence is in CA. Should we both be at our primary residence county to file Chapter 7? Should we sign the papers at our county of residence OR can we sign them outside of CA and mail them to our attorney? Is there such requirement?

    Thanks.

    PS. I understand I need to consult with my attorney. I want to find out whether I can sign the application and mail it to my attorney. Would that be possible?
    Last edited by edward123; 06-22-2006, 09:46 AM. Reason: Need to rephrase the question
    Tags: None
    #2
    You would need to talk to your lawyer about that.
    Filed 09/05
    Discarged 1/2/06
    Closed 1/13/06

    Comment

      #3
      You need to file in the county where you are a resident and your attorney will probably want to go over your petition with you in his office.....

      So if you travel a lot you will need to let your attorney know and check in with him often for any changes or problems you might have.....

      Bankrutpcy is not something to take lightly..... and be sure to stay on top of what your attorney is doing.......
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment

        #4
        Yep! You must file where you live. Where you live is the place of your official residence.

        Many attnys file electronically with the Court nowadays. You'd physically have to be in your attny's office to sign the petition prior to your attny filing. Also, you're gonna have to appear in Court for a Meeting of the Creditors, the 341, about 30 days or so after you file. If you are not there, the Court can dismiss your case.

        If you're gonna file BK, you're gonna have to "schedule" time to be in town to meet with your attny and be in Court on at least those 2 occassions.

        Just an FYI,.......... This is your case. Your life. If you wanna travel and leave your fate in the hands of a person you do not completely trust and know very well, that's entirely up to you. But many people here avidly follow their own cases as if they'd filed Pro Se. Attnys do make mistakes and plenty of people here have caught the mistakes in time to avoid bigger problems down the road.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

          #5
          I understand I need to consult with my attorney. I want to find out whether I can sign the application and mail it to my attorney. Would that be possible?

          Comment

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