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Courts and procedure
Venue
Bankruptcy venue is the geographic area in which a case is filed and heard: the federal district where a person may start a bankruptcy case. 1 2
Talk to a lawyerHow is bankruptcy venue decided?
A Chapter 7 case begins with a petition filed with the bankruptcy court serving the area where the individual lives. 1
The statute is more precise. A case may be started in the district where the person's domicile, residence, principal place of business in the United States or principal assets in the United States were located for the 180 days immediately before filing. 2
If the person moved during that time, the proper district is the one where those things were located for a longer part of the 180 days than in any other district. Someone who moved recently may therefore still belong in the district they left. 2
Venue can change after filing. A court may transfer a case to another district in the interest of justice or for the convenience of the parties, and it may dismiss or transfer a case filed in an improper district. 3
Common questions
Which district do I file in if I moved recently?
The district where your domicile, residence, principal place of business or principal assets were located for the longer part of the 180 days before filing. If the answer is not clear, check with the court or a lawyer before you file. 2
What is improper venue in bankruptcy?
A case filed in a district that does not meet the venue rules. The court may dismiss the case or transfer it to another district. 3
Can a case be moved to another district later?
Yes. A court may transfer a case in the interest of justice or for the convenience of the parties, after a hearing on notice. 3
Sources
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