Where do I file my Bankruptcy case?

Where do I file my Bankruptcy case?

More often than not, many people ask the question "Where do I file my Bankruptcy Case?" Although it may simply come down to where you live, there are other things to consider when filing your bankruptcy case.

A person who wants to file a bankruptcy must first determine where they need to file their bankruptcy case.

A bankruptcy case must be filed in the proper "venue" or federal judicial district or the bankruptcy case will be subject to dismissal.

How do one know which federal judicial district or "venue" is proper for me to file my bankruptcy case?

Venue in a bankruptcy case is set forth under Title 28 of the United States Code, Section 1408(1). Most of the time, For an individual or a married couple who are filing a bankruptcy, the proper venue or federal judicial district is clear and straight forward. The proper venue or judicial federal district that an individual or married couple will file their bankruptcy case will be the place the person has lived for the last 3 (three) months prior to the date of filing their case. In plain language, the statute states that a bankruptcy case should be filed in the venue or judicial district where either the bankruptcy filers are domicile, resident, principle place of business or principal assets have been located for the majority portion of the 180 days or 91 days preceding the bankruptcy case being filed.

Where should I file if I can file my bankruptcy case in multiple venues?

Sometimes a person may meet the requirements to file their bankruptcy case in multiple venues because they meet the definition provide under Section 1408. To decide which bankruptcy venue is best suited for you to file your bankruptcy may come down to the exemptions of the State the bankruptcy is to be filed to protect the assets of the bankruptcy filer.

What is an Exemption and how is it applied in a bankruptcy?

Exemption are what the law provides to protect the assets that the bankruptcy filer may have interest or possession of. Exemptions vary from State to State and can impact the what is protected from liquidation in a bankruptcy to which Chapter of a bankruptcy a person may file to protect the assets that the bankruptcy filer has. Exemptions in a bankruptcy is provided under Title 11 of the United States Code Section 522. Exemptions and bankruptcy is discuss further in this link.

Ask your Bankruptcy questions to the Houston Bankruptcy Attorneys at the Law Firm of Min Gyu Kim, PLLC

The first Bankruptcy Consultation is Free over the phone or at either of the 2 office location in Houston

Links:

Title 28 of the United States Code, Section 1408(a): http://www.law.cornell.edu/uscode/text/28/1408

Title 11 of the United States Code Section 522: http://codes.lp.findlaw.com/uscode/11/5/II/522

 

The Law Firm of Min Gyu Kim, PLLC is a Bankruptcy Law Firm providing Bankruptcy assistance in the  Houston areas of Harris County, Fort Bend County, Brazoria County, Montgomery County and the surrounding areas of Houston.

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