To be eligible for bankruptcy in Florida, you will need to meet many financial requirements and file a bankruptcy petition. There are also requirements regarding where you can file for bankruptcy. Remember that bankruptcy proceedings are governed by federal law. Federal bankruptcy courts will hear your case, not state court. Your case will be heard in the federal bankruptcy court where you filed.
Where Can I File For Bankruptcy?
These three factors can affect where you file a bankruptcy petition. Normally, you will file for consumer bankruptcy in the same place as your home. The court will want to hear your case in the most efficient place for the bankruptcy trustee to manage your case. The trustee might need to inspect and possibly sell assets. A good local bankruptcy attorney will help you decide which location is best for you. These are the three key factors.
If the majority of your debts are consumer debts rather than business debts you will file in the district where you reside. You may need to file in another district if your physical address or legal residence is not the one you live in. You will also need to file if you have moved within the last 180 days.
If your principal debts stem from the operation of a business, rather than consumer debts like those for utilities, medical bills, clothes, and cars, then you can file in the district where you are located. If so, you can file in the district where your business is located. You will still be able to file in the district of your principal location.
Many bankruptcy cases don’t result in creditors receiving anything. However, you can keep certain properties. If you have significant assets that the trustee may sell off for creditors’ benefit, you might want to file in the local district. It may prove difficult for a trustee who is located far away to sell your assets. The trustee could move to make your case go.
What Happens If I File In The Wrong District?
The consequences of filing in the wrong area can be severe to life-threatening. Your petition will be accepted by the bankruptcy clerk and your case may proceed without any problems. If you file at the wrong location, one of your creditors, or the appointed bankruptcy trustee, could file a motion for you to move your case (which will likely cost you some time), or to dismiss it completely.
Contact Our Office Today
Bruner Wright is the top-rated experienced bankruptcy lawyer in South Georgia and the Florida Panhandle. Our team has more than 30 years of experience helping people file Chapter 7 bankruptcy. Chapter 11 bankruptcy. Chapter 12 bankruptcy. Chapter 13 bankruptcy. Our practice has been very successful in helping people discharge their debts. We offer a personal service that is comprehensive and thorough in all aspects of our industry. We are responsive to the needs of our clients.
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Contact us today to schedule a consultation to find out if bankruptcy is the best option. A member of our team will review your case to help you make the right choice. We are focused on consumer bankruptcy. We want you to achieve financial stability.