Which court should I file in?
Posted By
Majed on Jun 21, 2010 7:00am PDT
Unlike other civil proceedings, bankruptcy does not allow for a lot of flexibility when choosing where a debtor files their petition, also called venue. 28 USC 1408(1) requires debtors to file:
(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or
(2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership.
Since only individuals may file for Chapter 7 or 13, they are pretty much required to file in the district where they have resided for the past 6 months. Although bankruptcy law is federal, different states and districts have varying local rules which can provide more stringent requirements than the federal law. The Fears | Nachawati Law Firm is experienced in filing bankruptcy within the state of Texas and its varying bankruptcy courts. Contact a qualified bankruptcy attorney today to aide you with questions about venue.