Where can you file your Chapter 7 bankruptcy or your Chapter 13 bankruptcy?
Debbie just moved to Dayton, Ohio, from her hometown, Cincinnati, Ohio. She is not sure if she wants to stay in Dayton. She may decide to take a pay-cut and return to Cincinnati, where her house is still located, or she may decide to move on to the booming Springfield, Ohio. Where can Debbie file her bankruptcy case?
The U.S. Bankruptcy Code determines the proper venue for filing a Chapter 7 bankruptcy and a Chapter 13 bankruptcy in Ohio. Specifically, it states that you can file your bankruptcy petition in the federal district in which you have been domiciled for the majority of the last 180 days, or where you have owned a principal asset for 180 days.
So, what does this mean for Debbie? Debbie can file her bankruptcy case in Dayton, Ohio, as long as she waits 91 days. Debbie may also file her bankruptcy in Cincinnati, Ohio, so long as (1) she has been in Dayton for less than 90 days, (2) she plans to move to Springfield, Ohio, to take that lucrative job opportunity, or (3) just because her house, a principal asset, is located in Cincinnati, Ohio.
Can Debbie file in Springfield, Ohio, before she even moves there? Actually, Springfield is in the same federal bankruptcy court district as Dayton. So, if Debbie can file in Dayton, Ohio, then she can certainly file in Springfield, Ohio. In fact Associates and John T. Nicholson have an office location just one door down from the Springfield Bankruptcy Court.
If Debbie filed a Chapter 7 Bankruptcy while domiciled in Springfield, Ohio, then she would go to her Meeting of Creditors at the Springfield Post Office, located at 150 N. Limestone, Springfield, Ohio 45501.
For more information about where you can file your Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, we would be happy to sit down with you for a free consultation.