Intermezzo
Well-Known Member
- Joined
- Oct 7, 2008
- Messages
- 10,623
- Reaction score
- 1,679
Just to clear up a little information.
According to this map,
there are three Federal districts: Northern, Middle and Southern.
Each district is subdivided into Divisions.
The Middle District has four Divisions: Jacksonville, Tampa, Orlando and Ft. Myers. There is a bankruptcy courthouse in each Division.
This site goes into more detail about how to determine where to file.
The point on this link I wanted to stress is all bankruptcy is Federal law, not State law.
I assume by that it will be a Federal judge and not a State one.
Also, does she have to appear and/or testify at any of the hearings?
http://www.bankruptcylawhelp.com/Bankruptcy/Bankruptcy-Residency-Requirements.aspx
Thanks Watcher9
The link answers my question about the location of filing...can it be in any District and/or can it be in any Division within a District.
http://www.bankruptcylawhelp.com/Bankruptcy/Bankruptcy-Residency-Requirements.aspx
There are two common ways to figure out what Federal District you are permitted to file your case in. One is (1) where you have been living and the other is (2) where your principal assets have been located. For both ways, the critical time period is the 180 days before the bankruptcy is filed.
"Summary for Place of Filing Bankruptcy. Since most people (1) decide the correct Federal District for filing bankruptcy based upon residency rather than location of principal assets, and since (2) just over 1/2 of 180 is 91 days, the Residency Rule is often boiled down to the following statement: "You can file your bankruptcy in the Federal District where you are living now once you have lived in your current District for 91 days. Until you have lived in your current District for 91 days, you must file in the Federal District where you came from, not where you live now."