The person or entity filing a bankruptcy case may file their bankruptcy petition where they reside if they have resided in that location for more than 90 days prior to the filing. For example, if a person moves from California to New Jersey 80 days ago, the person cannot file in New Jersey until they wait at least 11 days. If the debtor does not meet any of the other jurisdictional criteria and must file immediately, they must file in California.
A person or entity may file in the district where his principal assets are located at least more than 90 days prior to the filing. Therefore, if a person resides in an apartment in California and has owned two houses for a period of at least 91 days in New Jersey prior to the filing, they can file in New Jersey.
A person or entity may file in the district where he is domiciled at least more than 90 days prior to the filing. A domicile is the location of a person’s principal home. Therefore, a person living at a college in California may file in New Jersey if his home is and has been in New Jersey at least 91 days prior to the filing.
A person or entity may file in the district where his principal place of business has been located at least more than 90 days prior to the filing. This means that if a person resides in Delaware and owns a business that operates solely in New Jersey, he can file his bankruptcy case in New Jersey.
Generally, a person files their bankruptcy petition where they reside. Although, there may be more than one district where an individual may file his bankruptcy petition.
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