Round Lake Bankruptcy Attorney On Where A Chapter 13 Case Is Filed

According to Round Lake bankruptcy attorney, a Chapter 13 Bankruptcy case is filed in the jurisdiction where the debtor has resided or had a principal place of business for the greater part of the last 180 days.  Basically, once you cross the 91-day threshold, you have complied with this provision under the bankruptcy code.  A Chapter 13 Bankruptcy case must be filed in the county where the debtor lives or where the principal place of business takes place.  In the northern district of Illinois, there are three chapter 13 trustees who hear cases in the area.  There are two Chapter 13 trustees who hear cases in all of Cook County, and there is one additional Chapter 13 trustee who hears cases in all the surrounding counties.  

If you are able to pick and choose which county or which jurisdiction you wish to file a Chapter 13, then you would effectively be forum shopping or venue shopping to appear before a more sympathetic or easier Chapter 13 trustee.  Thus, the rules are very strict; you must file your Chapter 13 Bankruptcy case in the district in which you reside or have had a principal place of business for the greater part of the last 180 days.  Your attorney will help you prepare the proper documentation so that your case can be filed in the proper jurisdiction.  There are certain cases where a debtor will live in one jurisdiction and have a principal place of business in another jurisdiction.  There are also cases where one part or one spouse might live in one jurisdiction where the other spouse, being separated, files in or lives in another jurisdiction.  The attorney who files your case can then make a decision on which jurisdiction to file your case in.  Absent that kind of an arrangement, the case must be filed in the district and in the venue where you have resided for the last 180 days, or the greater part of 18 days, or wherever you had your place of business within the last 180 days.