(a) In this section, the following rules determine a debtor‘s location:

(1) A debtor who is an individual is located at the individual’s principal residence.

Terms Used In California Civil Code 3439.10

  • Debtor: means a person that is liable on a claim. See California Civil Code 3439.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organization: means a person other than an individual. See California Civil Code 3439.01
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See California Civil Code 3439.01

(2) A debtor that is an organization and has only one place of business is located at its place of business.

(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.

(b) A claim in the nature of a claim under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

(Added by Stats. 2015, Ch. 44, Sec. 13. (SB 161) Effective January 1, 2016.)

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