When considering bankruptcy in Florida, there are several requirements you’ll first have to meet. Most of these are related to your finances, but those who live part-time in one state or who have a residency status that is anything less than set in stone may be curious about the Florida bankruptcy residency requirements.
Another crucial thing to remember is that even states themselves are divided into various federal districts. It is these districts – not just the state in which one resides – that will typically determine where a person should file for bankruptcy. However, this comes into question if the person who is filing has moved in the last few months, has property elsewhere, or is not a legal resident of this location.
It’s important to note that where you live doesn’t actually impact whether you can file for bankruptcy, as that is your legal right in all parts of the United States. However, your state and specific area of residence will impact where your bankruptcy is filed, who handles your case, and where important meetings will take place during the course of the proceedings.
Here’s what you need to know about the Florida bankruptcy residency requirements:
In the United States, bankruptcy is handled on the federal level. This means that while your local courts may preside over your case, the actual act of filing for bankruptcy and receiving a discharge of your debt is granted to you by the federal government. As such, it is your federal district – not your city, county, or even your state – that determine where your bankruptcy should be filed.
In Florida, there are three federal districts. The northern, middle, and southern districts divide the state into three somewhat-equal areas by both area and population density, giving the courts the chance to balance the cases they handle. Determining which district you live in can help you figure out where to file.
Florida’s three districts are further separated into federal court service areas. In the northern distrcit, these include the following:
In Florida’s middle district, there are four federal bankruptcy court divisions. These include the following:
The southern district of Florida has five divisions. Most of these divisions service only one county each, but these counties are large and populous. Again, these divisions exist so that no one court is overwhelmed with the area and population it serves.
The state’s southern district is divided this way:
Generally, you will file for bankruptcy in the district in which you reside. However, there are some exceptions.
There are several instances in which you might be required to file in a different federal district than the one where you live. For example, if your legal residence or mailing address is elsewhere, you may be required to file in that district. Likewise, if you have moved into your current district within the last 180 calendar days, you will likely be required to file in the district where you lived or in which your assets were located previously.
The requirements for legal residency and location of assets are actually different in terms of the time frame. If you have lived – or legally resided – in a district for at least 91 days, you are permitted to file for bankruptcy in that district. However, if you are filing with the location of your principal assets in assets in mind, you will have to file in whichever district has held them for at least 180 calendar days. If you are close to this date, it may be best to abstain from filing until you have passed the mark, making it easier to determine where to file – and easier for you to follow up throughout the process in nearby courts.
While it may seem obvious, a mistake in the paperwork you submit when filing your bankruptcy can have consequences. These may be as minor as having to resubmit – beginning the process again – or as major as having your case thrown out entirely. Thankfully, these mistakes are easy to avoid with careful scrutinization from your legal team and an understanding of the requirements and regulations that are in place for your specific type of bankruptcy.
While the Florida bankruptcy residency requirements will never prevent you from filing for bankruptcy, they can have an impact on how your case is handled and by whom. To get all of the information regarding where to file and how to stay within these requirements, consult the experienced staff at the Van Horn Law Group. They can help you ensure that your case is filed and handled where it should be – and that you get the best possible outcome!
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