Florida Middle District - Filing Locations -- Jacksonville Only??

[Widdle]

We are in the Florida Middle District.

There are three courthouses for the Florida Middle District....
Jacksonville, Tampa and Orlando.

Our county is listed under the Jacksonville Office.

Do we have an option to file in any of the courthouses or are we stuck with Jacksonville?

Jacksonville is 2 hours away. Tampa is an hour. Orlando is 1 hour and 15 minutes.

I do know that the 341 will be held in Jacksonville.

[justbroke]

There are three courthouses for the Florida Middle District.... Jacksonville, Tampa and Orlando.

Good ole Florida Middle District. One of the largest Bankruptcy Districts in the Country and, unfortunately, you just learned that! It's actually not three courthouses, but three separate Divisions.

You can call the Jacksonville Division and ask if you can file the papers at the Tampa Division Intake. I'm thinking that if you file in the Tampa Division, it will start a Tampa case.

Did you know that you could file by mailing it to the Jacksonville Division? I would send it overnight express mail. I would call the Clerk's office at Jacksonville division to determine (procedurally) how to file by mail and how to get your "receipt" (e.g. you may be able to send a self-addressed stamped envelope for returning your receipt). You can also get your receipt from PACER.

[Widdle]

Good ole Florida Middle District. One of the largest Bankruptcy Districts in the Country and, unfortunately, you just learned that! It's actually not three courthouses, but three separate Divisions.

You can call the Jacksonville Division and ask if you can file the papers at the Tampa Division Intake. I'm thinking that if you file in the Tampa Division, it will start a Tampa case.

Did you know that you could file by mailing it to the Jacksonville Division? I would send it overnight express mail. I would call the Clerk's office at Jacksonville division to determine (procedurally) how to file by mail and how to get your "receipt" (e.g. you may be able to send a self-addressed stamped envelope for returning your receipt). You can also get your receipt from PACER.

Mail it is!!! I think....
Anyway, I will call this morning..and post back with the info.

JustBroke.....Thank you for the reply

[justbroke]

I apologize and I should have said this earlier. It would be worth it to drive to yoru Florida Middle District's Division Courthouse and submit it in person. This will accomplish two things.

First, you can bring a copy of your petition and have that "file stamped" for your records! Second, the clerks usually do a page count and a quick glance to see if you have the right "local" forms. I did this and there was a local form for the SSN declaration that was different from the "official" form. Third, piece of mind.

Again, you could do this by mail, so you'll have to weigh the benefits of filing in-person.

[Widdle]

Update---

I apologize and I should have said this earlier. It would be worth it to drive to yoru Florida Middle District's Division Courthouse and submit it in person. This will accomplish two things.

First, you can bring a copy of your petition and have that "file stamped" for your records! Second, the clerks usually do a page count and a quick glance to see if you have the right "local" forms. I did this and there was a local form for the SSN declaration that was different from the "official" form. Third, piece of mind.

Again, you could do this by mail, so you'll have to weigh the benefits of filing in-person.

Well, first thank you again, JustBroke..

Oh, I called Tampa Division, and she tells me that we could file there, however, the Judge would probably request it to be moved due to jurisdiction. I did tell her it was for a "foreclosure sale"....whereby she says this would buy a little additional time for filing the complete paperwork with the proper Division.

Also thanks for mentioning the "copy" for getting the "file stamped" info.

And, I will check the local forms to make sure we have the right paperwork.

This is actually for my sister in law....they (my brother and his wife) are needing to buy some time......Chapter 13 Emergency Petition should do what they need.

Sister in law decided to take a little ride to Jacksonville just to be safe.

Their house is to be sold on December 17th and the Foreclosure resurrected a JDB's Citibank SOL "Judgment" claim for hearing on December 15th.

They are in the second month of a Trial Mod and their third TPP (Trial Payment Plan) payment is due January 1st. However, their first TPP was just returned allegedly because they make $300.00 too much, however, it was an in house clerical error and now they need to resend all the paperwork. Same MO as so many others in a Mod or TPP.

At this time, we don't know whether they (Mortgage Co.) will cancel the sale on their own.

My sister in law is listed on the "Foreclosure", however she is not on the note.

My brother can not file yet, as he wants to wait to see how an ex-partner's BK plays out. Ex-partner's 341 is December 18th and includes a 90K co-debtor judgment from their failed business.

[justbroke]

Sounds complex... and they don't want to file with an attorney? While I don't see disaster written all over this... I do see issues.

I wish you the best of luck.

[Widdle]

Sounds complex... and they don't want to file with an attorney? While I don't see disaster written all over this... I do see issues.

I wish you the best of luck.

My brother went to two attorneys. The first attorney (I went along), was 45 minutes late to start off with. She was very highly recommended.

Anyway, she tells my brother to file Chapter 7 without the wife and forget about the house because the mortgage company always wins.

She appeared to be so relieved that his debt was mainly business debt and brushed off the foreclosure completely.

The second attorney sounded like a mill and kept saying he couldn't get rid of his business debt and also said they couldn't help with the foreclosure.

So here I am....finally talked my brother into seeing a BK attorney and that is the representation that he would possibly get.

Needless to say, my brother is freaking out. They have 5 kids, 2 of which just moved back in from losing their jobs.

Brother has no credit cards other than a Friedmans account charged off in late 2002.

He does have a new reposession.

Other than that his debt is from the business which he personally guaranteed. Three money judgments and a 2008 broken lease.

So my/our thought is after his ex-partner has completed the 341 and right before the 60 days are up to contact that attorney for representation.

Hopefully there won't be a "conflict of interest" issue.

[justbroke]

Business debt is a very sticky issue and does present dischargeability issues. The lawyer was correct to bring them up. While the debtor would personally have his personal liability discharged, the business may still be on the hook depending on its legal organization.

If he's going to use the other attorney, I'll feel better.