Bankruptcy Jurisdiction and Venue
You must file bankruptcy in the correct federal district. The rules are:
- Domicile rule: File in the district where you have been domiciled for the greater portion of the last 180 days (about 91 days).
- Recent movers: If you moved recently, you may need to file in your old state's district. The 180-day rule prevents forum shopping.
- Exemptions and residency: Under Section 522(b)(3), if you have not lived in your current state for 730 days (2 years), your prior state's exemptions may apply.
- Venue transfer: The court can transfer a case to another district "in the interest of justice or for the convenience of the parties."
Bankruptcy Tools Network:
Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · File Without a Lawyer · Rebuild Credit · Buy a House After · Buy a Car After
Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · File Without a Lawyer · Rebuild Credit · Buy a House After · Buy a Car After