where to file

[tryingfor4]

Do you have to file in your city of residence?

[keepmine]

BK is federal. You file in whatever bk district you're in.

[tryingfor4]

What I am wondering is if I can go to a neighboring city to file as our local paper prints all BK filings along with the specifics of assets and debts. I realize it is public info, but...

[keepmine]

Just not sure how I can explain it any clearer. You just don't go to the county courthouse and file. You file in federal court in the district in which you live. Most filings are done electronically anyway. The local paper likely has a pacer account and pulls the info from that source.

[HHM]

You have to list your current address on your petition.

Also, BK districts are geographically large. Depending on where you are, simply driving to the next city may not take you out of your district. For example, there is a federal court in Orlando (BK), Fort Myers, Jacksonville (BK), Ocala, and Tampa (BK), but they are all Middle District of Florida.

Honestly, you are worrying about something over which you have no control...you need to focus on what you CAN do to start getting your finances in order. Don't let these side trips your mind is taking divert you from achieving your goal.

[tryingfor4]

thanks for making it so clear. I am sure if the folks who have been posting on this site for multiple years thinks back decision making time they will remember ALL of the worries. I live in a small town and as soon as I do this the gal at the one grocery store in town will start analyzing everything in my cart and telling her friends all the things I bought that I did not need. It is different in a large city where no one knows who you are when you walk down the street.

[HHM]

Yeah, but is that person in the grocery store going to give you any money, is she going to wipe away your debt....I understand the concern, but these are the types of concerns (the biggest are Future Credit and Privacy) that can paralyze people from acting to improve their situation. Yes, they are real concerns, but you have to put them in perspective, they are not immediate concerns. Your immediate concerns are your debt, income, and expenses.

[parsoc48]

I live in a small town too, and both my husband and I work in small county agencies; we were both more worried about judgments and garnishments (hubby more than me, actually). We don't have to face the publication in the paper although our name has appeared in the past with property taxes in default! (Luckily those are in really fine print)
The worse part, for me, was when I had to appear in a lawsuit by Chase recently and it was the same courthouse I work in and I saw some of the same attorneys I see in my work...BUT once I stood up there at the table and said my piece the people behind me just kind of disappeared! Was it easy? no...but did the world tilt on it's axis? no. (well, no more than it usually does!)
All I can tell you is to think of it as merely a business decision, don't tie too many emotions to it.....you know what's best for you and you will come out of this much better than you think.
Good luck to you! Let us know how things work out

[Phillymanhere]

I can empathize with your fears. But here's the way I'm looking at it. Yes, I'm from a big city, but I have fears that lawyers who are friends of mine, etc., will find out once I file.

But ... here's the deal: .... part of what got me in this situation was worrying about what others thought and excessive focus on presenting a good face. There were times I could have told people, "hey, I can't afford to go here." or "I can't afford that." And there are many many times when I needed to tell myself that! .... So I say look at it as part of the healing of what got you in this situation in the first place. It'll take some time, but you can get to a place where you hold your head high. Bankruptcy is completely legal. I think it is completely moral. Am I proud of being on the brink of filing? ... No, I'm not proud to be in this situation, but I am proud of myself for finally facing up to the reality of my situation.

And I'm proud that I am taking the step that is best for me. By the way, there are other people in your community who have filed BK. By the way, I can guarantee you that a percentage of your neighbors have filed, including some you would never "suspect."

So you are not alone. Go ahead and focus on making a sound business decision that will help you live your life in peace. And once you take care of yourself in the best way, you will respect yourself, and you'll get all the respect you need or want from others. And to the extent you don't, you don't need to care about it. Who cares with the grocer woman says? If you're taking good care of yourself, other people will see that, and respect you.

[CindyLou]

The short answer is, you cannot choose where to file. Each person has only one correct place to file depending on where they live.