If I File Bankruptcy After Moving to a Different County, are Creditors from my Old County Still Included?
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I am thinking about filing for bankruptcy, but I have recently moved bwtween counties in California. Are the creditors in my old county subject to different rights?
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No, generally it doesn't matter where your creditors are located, but rather the county in which the bankruptcy petition is filed that determined rights of creditors and debtors.
Moreover, the state laws are the ones that vary, not the county laws. If you file for bankruptcy in a county other than the one in which you established the debt, it will not make a difference, and your creditors will still be listed in your petition and schedules in the same way as local creditors. The fact is, most creditors are located in states other than the one where the bankruptcy petition is filed, but they are still required to adhere to the bankruptcy laws of the jurisdictional state; ie, the state in which the case is being handled.
Your bankruptcy lawyer will explain to you your best options for maintaining property and minimizing the debt that must be repaid.
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Posted by Staff Writer on 10 Feb 2010
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