Do I have to file bankruptcy in the county I live in?

Question

To file bankruptcy, must you file in the county you live in?

Stuart Bierman · Answer

In general, you file in the bankruptcy court District, not the county,  in which you live.  For example, in NJ, there are three (3) districts: Newark for northern  NJ residents, Trenton for central residents, and Camden for southern  residents.

Emily Chase-Smith · Answer

Great question. Yes, you file based upon where you now live, however, if you've recently moved, your lawyer may need to use the laws of the state you relocated from. The idea behind this rule is so that people don't move to more borrower friendly states for the purpose of filing bankruptcy. Hopefully your case will be ruled by the laws of a bankruptcy friendly state! E

Phong Thanh Tran · Answer

Yes.  You must file your petition with the court that has jurisdiction over your place of residence.

Cary Smalley · Answer

Bankruptcy is filed in the federal judicial district for which you have lived in the 180 days immediately prior to filing, or if you have not lived in the same district for the previous 180 days, then the district where you have lived the longest of the previous 180 days.

Edward Olson · Answer

The bankruptcy courts are a division of the United States District Courts.  You file in the bankruptcy court for the district in which you live.

Susan Taylor · Answer

Yes, more than likely. The chapter 7 trustee who represents the creditors needs  access to county records, etc., & might even drive by your home to search for  assets.

Evan Guthrie · Answer

Bankruptcy is filed in federal court and can be filed in the district you live in.

Jeffrey Solomon · Answer

Yes, you need to file in the county of residence.  If you just moved to another state, you may have another option if moved within the last 90 days, but basically you need to file where you reside.

Diane Drain · Answer

Yes, but understand that bankruptcy is a very complicated process.  It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.  Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.

Charles Schneider · Answer

The county that you live in may define where you file but it does not mean the court will be in that county. A federal bankruptcy court encompasses many counties unlike state courts.

Norman Linder Hull · Answer

You must file bankruptcy in the district in which you have your domicile (permanent residence) or in which you have the majority of your assets.

Roger Bus · Answer

In Michigan, you file bankruptcy in the "District" where you reside   (Michigan has two Districts- Eastern and Western)- and you must have lived there   in that District for more than 3 months.    .

Scott Needleman · Answer

No you file in the Federal District in which your reside. If you live in Franklin county and surrounding counties, you will be filing in the Southern District of Ohio, Eastern Division.  Or you may be in the Northern District if your county is Richmond County or above.

Eric Lewis · Answer

You must file in your federal district.

Robert De Groot · Answer

Bankruptcy is a Federal matter and you would file in the Federal Bankruptcy Court nearest to you. It is not a State court in your county. So, you do not file bankruptcy at the county courthouse. Find out more by reading the pamphlet at my website or by reading general information about bankruptcy on the internet. Florida has three Federal districts, the north, middle, and south.

Steven Alpers · Answer

You generally must file in the area where you live. The only exception is if you have to move due to domestic violence or you have not lived here for 6 months.

John Brennan · Answer

The proper bankruptcy venue is generally determined by where you reside.

Harry Roth · Answer

Bankruptcy is filed in the federal court district in which you live. Your county will be part of that district, but the local county court has nothing to do with bankruptcy. You have to file in the federal court district where you live. California has 4 districts: the Southern District, which is San Diego and Imperial Counties; Central District, which is the rest of southern California up to San Luis Obispo County and Inyo County; The Northern District, which is the rest of coastal California, from Monterey to the Oregon border; and the Eastern District, which is the central valley and the mountains, from Bakersfield to the Oregon border.

William Rubendall · Answer

The proper venue, that is, the place to file, is in the court for the county you  reside, do business in or own property. The time period that applies is  wherever you have been for the majority of the previous 180 days before filing.

Diann Moseley · Answer

No. You file in the federal bankruptcy court which has jurisdiction over the federal district, not county, where you live. There are 94 federal bankruptcy courts in the U.S. If you reside in Washington, DC there is only one bankruptcy court where you can file for bankruptcy.

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Do I have to file bankruptcy in the county I live in?

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