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Can A Person File Bankruptcy In A Different County?

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  • 04-16-2008, 01:24 PM
    lindabresee
    Can A Person File Bankruptcy In A Different County?
    My question involves bankruptcy in the state of: California.
    Can a person file for Bankruptcy in a different county than where they reside. It would be good for privacy reasons .

    This question is asked because of the legal postings in newspapers.
  • 04-16-2008, 03:31 PM
    BOR
    Re: Can A Person File Bankruptcy In A Different County?
    Quote:

    Quoting lindabresee
    View Post
    My question involves bankruptcy in the state of: California.
    Can a person file for Bankruptcy in a different county than where they reside. It would be good for privacy reasons .

    This question is asked because of the legal postings in newspapers.


    A Petition for Bankruptcy is filed in a United States court. There is NOT one in every state county. Depending on the size of the state these courts can # from 1-4? Your attorney will file the Petition in the court of jurisdiction, whether it is your county or 5 counties away.

    If I remember correctly there are 90+ US district courts in the country.

    I don't have my World Almanac by my side, but by the map online, CA has 4 District courts, therefore 4 BK courts, Nothern, Southern, Eastern, Central.

    You need to locate the court nearest you, it could be MILES away!
  • 04-23-2008, 07:49 PM
    RJM1234
    Re: Can A Person File Bankruptcy In A Different County?
    Hello,

    I have the same question also, and since there is a Bankruptcy court in my city, but a another in a city 100 miles away, is it possible to file the other city, since that is another court then the one I live in?

    Thanks!
  • 04-24-2008, 02:37 AM
    BOR
    Re: Can A Person File Bankruptcy In A Different County?
    Quote:

    Quoting RJM1234
    View Post
    Hello,

    I have the same question also, and since there is a Bankruptcy court in my city, but a another in a city 100 miles away, is it possible to file the other city, since that is another court then the one I live in?

    Thanks!


    That is up to your attorney to make a determination of jurisdiction.

    Say, for example, you live in the Southern District court area of California, you will not be able to file your Petition say in the Northern District.

    If you are Pro Se, meaning you file and represent yourself, the Court, upon it's own Order, or response from creditors, may move to dismiss it for improper venue or Petition to remove it to the proper court, IF it is filed in the wrong personal jurisdiction court.

    ***The Petitioner's residence/city/village etc., usually determines the court of jurisdiction.***

    I am not an attorney, but from what I know, my thoughts stand.

    BK is very complicated and should never be filed Pro Se unless there is no other alternative. Although it is a constitutional right to do, it is not advisable, especially with huge debts.
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