Where can the bankruptcy debtor file the bankruptcy petition.
The person or entity filing a bankruptcy case, may file their bankruptcy petition where they reside, if he has resided in that location for at least more than 90 days prior to the filing. For example, if a person moves from California to New Jersey 80 days ago, the person cannot file in New Jersey until they wait at least 11 days. If the debtor does not meet any of the other jurisdictional criteria, and must file immediately, he must file in California.
A person or entity may file in the district where his principal assets are located at least more than 90 days prior to the filing. Therefore, if a person resides in an apartment in California and has owned two houses for a period of at least 91 days, in New Jersey, prior to the filing, he can file in New Jersey.
A person or entity may file in the district where he is domiciled at least more than 90 days prior to the filing. A Domicile is the location of a person’s principal home. Therefore, a person living at a college in California, may file in New Jersey, if his home is and has been in New Jersey, at least 91 days prior to the filing.
A person or entity may file in the district where his principle place of business has been located at least more than 90 days prior to the filing. This means that if a person resides in Delaware and owns a business that operates solely in New Jersey, he can file his bankruptcy case in New Jersey.
Generally, a person files his petition where he resides. Although, based on the above, there may be more than one district where an individual may file his bankruptcy petition.
Robert Manchel, the NJ. chapter 13 bankruptcy attorney in NJ., provides expert bankruptcy advice, at (866) 503-5655.
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