He may be filing in an area where has substantial business assets. If not, you can write to the United States Trustee to object.
Maybe he moved or as Attorney Benda stated he has business there. I'm sure the attorney that filed for the debtor made sure he was able to file in that county.
I am a Massachusetts licensed Attorney. These answers are for informational purposes only.
I agree with the other attorneys. Residing in the area is not necessarily a problem. If he does have assets that are primarily in that DISTRICT he can file there. Also if he lived in that district and moved within the prior 90 days that is the right district to have him file in. Keep in mind that a Federal Court DISTRICT covers many counties so if they live in a county and the case is filed in a different county it may still be correct.
This response does not constitute legal advice nor is the attorney providing this advice in any way liable for the providing of this information. It is provided for general information only. No attorney client relationship in made by the answering of this question. Any reader of this response is recommended to seek the advice of a competent attorney in your area.
Jurisdiction and venue rules may permit debtor to file in non-domicile or non residence jurisdiction. Chaeck BK Rules.
Yes. Perjury on BK petition, schedules, testimony punishable by fine, imprisonment.
What you are referring to is whether the debtor in your case filed his Chapter 7 case in the property “venue.” Venue in bankruptcy cases is governed by 28 U.S.C. §1408, which states that a debtor may file his case in any district where:
“ (1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; OR
(2) in which there is pending a case under title 11 concerning such person’s affiliate, general partner, or partnership.”
To be sure, look at his petition to find out the basis why he chose that particular venue. Question 6 in the Petition asks "Why you are choosing this district to file for bankruptcy?" You will have your answer.
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