Posted: April 16, 2020
The question of where do I need to file my bankruptcy case sometimes arises. Venue of bankruptcy cases is determined under 28 U.S.C. Section 1408 , which sets forth that for cases filed under the Bankruptcy Code, the bankruptcy case may be commenced in the Bankruptcy Court for the district:
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
In plain language, your bankruptcy case should be filed in the district where you have lived (or your principal place of business) for the 180 days immediately preceding the date of the filing of the bankruptcy case. For residents of Nassau and Suffolk counties, that means filing in the Eastern District of New York at the Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. For residents of Kings or Queens County, that means filing in the Eastern District of New York at the Conrad B. Duberstein U.S. Courthouse, Brooklyn, New York.
Bankruptcy is a very complex legal process, with significant benefits for those people in need of its protection. It is critical that you consult with an experienced bankruptcy lawyer to go over all of your options and to understand your rights. Kirschenbaum & Kirschenbaum has over 45 years’ experience in dealing with all bankruptcy matters. Please contact one of our attorneys today.
For assistance with all Bankruptcy matters, please contact us:
Ken Kirschenbaum, Esq. (516)-747-6700 Ext. 301 or
Stacy Spector, Esq. (516)-747-6700 Ext. 304 or