Where to file your bankruptcy papers
Once you have finally decided to declare bankruptcy, you need to know where to file the papers. With so many courts handling bankruptcy cases, you may not know which court is the right court for your case. Furthermore, you may be working far from home or you may have moved from your home area recently. But not to worry as the law has made this easy for bankruptcy petitioners by giving some guidelines on where to file bankruptcy.
What the law says
The law requires that you file your bankruptcy case in courts where your permanent residence is located or where you have lived for a long time. During the time of application, you must have lived in the area for at least 180 days prior to filing for bankruptcy in the bankruptcy court.
Secondly, the court where you file for bankruptcy should be close to your business location. The business should have been there for at least 180 days before the application date. If you moved recently, you will file a case in a court located where you have lived for a long period and had an established permanent residence for 180 days prior to the filing. It should be the place where most of your assets are and where your business is located.
Filing location options
The best place for where to file for bankruptcy is near your home. It is upon you to find all the courts in your location, which handle bankruptcy cases. You can use a court locator online to find a court near you. If you find that the nearest court is far from you, inquire about whether they have satellite courts where they receive bankruptcy filings. However, you should bear in mind that the law requires you to file your case in a federal court. Hence, the state court near you may not help much.
If you moved recently and it has not yet been 6 months since you moved, your previous permanent location is where you should file for bankruptcy. You could also apply for bankruptcy in the court near where most of your assets are located. This could be helpful if you are also in a divorce process or if you are staying on a temporary basis in another state. However, it is important to consult an attorney before you use this location since it might make you lose the exemptions of bankruptcy. For businesses, you will have to file the petition at a court where the main branch of your business is located.
Where to file bankruptcy is a very important consideration. If you make the mistake of filing in the wrong place, your case may be dismissed or you could be prejudiced together with your creditors.
My name is Craig R. Chlarson. Whether you are seeking to eliminate your debt, typically through a chapter 7 filing, or whether you are seeking to reorganize your debt, typically through a chapter 13 filing, or even if you have basic bankruptcy questions, call me today. I can help you.
To schedule an appointment, call (435) 901-3449
Schedule Your Free Consultation
299 South Main Street
13th Floor, Wells Fargo Tower
Salt Lake City, UTAH 84111
P | (435) 901-3449
F | (801) 961-4001