Thursday, August 25, 2011

When are you eligible to file bankruptcy in Indiana?

            Whether you can file a bankruptcy in Indiana depends, in large part, on whether you currently live in Indiana, how long you have lived in Indiana or how long ago you lived in Indiana.

            In order for Indiana to be the proper venue (place) to file a bankruptcy petition you must fit into one of the above categories.  For Indiana to be the proper venue you must have lived in Indiana for the better part of the last 180 days.  Therefore, if you were born and raised in Indiana and have never lived in any other state you are eligible to file some type of bankruptcy in Indiana.  Even if you no longer live in Indiana, but just moved out of the state and have lived in Indiana more days than anywhere else in the last 180 days you can file a bankruptcy in Indiana.  Likewise, if you just moved to Indiana you cannot file a bankruptcy here until you have lived in Indiana longer than any other state in the past 180 days.

         Once it has been determined that a bankruptcy may be filed in Indiana, there are two districts (Northern and Southern) in which a bankruptcy petition may be filed.  Again, whether your bankruptcy petition is filed in the Northern or Southern District of Indiana depends on your address.  Many Halcomb Singler clients are surprised to hear how far North the Southern District reaches.  Specifically, those living in Indianapolis, Crawfordsville, Tipton, Kokomo and Anderson would all file in the Southern District of Indiana.  If you are interested in seeing the counties included in the Southern District click here.  Even within the Northern and Southern districts the bankruptcy courts are divided into different sections called divisions such as the Indianapolis division, Terre Haute division and New Albany division.

         At Halcomb Singler, LLP, we typically represent clients in the Southern District of Indiana, Indianapolis division.  Our clients usually live in Marion, Hamilton, Tipton, Howard, Boone, and Madison counties and their bankruptcy hearings take place in Indianapolis (for Marion, Hamilton and Boone Counties), Kokomo (for Tipton and Howard County) and Anderson for Madison County.

         Deciding the proper venue to file a bankruptcy petition is often the easy part.  If you need guidance as to whether you should or should not file bankruptcy, the different types of bankruptcy and the consequences of filing each type or how your property is treated during bankruptcy I am happy to meet with you.  If you would like to set up an appointment for a free initial consultation please contact me at 317-575-8222 or click here to complete our form and we contact you.

Halcomb Singler, LLP, is a debt relief agency.  It helps people file for bankruptcy under the bankruptcy code.  No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so.  The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.

No comments:

Post a Comment