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ALWAYS a district court of the FEDERAL Bankruptcy Court system. The laws are Federal too, although, mainly to help conform to the local customs of the area that district court operates in, some provisions have State considerations.

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15y ago
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13y ago

Bankruptcy cases fall under the exclusive jurisdiction of the federal government. Cases are heard in US Bankruptcy Court.

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Q: Does bankruptcy fall under the federal courts or state courts?
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Does your bankruptcy affect a mortgage still held in both your names even though you are divorced?

Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.Yes. You need to consult with a bankruptcy attorney who can explain the consequences under federal and state laws.


Would bankruptcy be tried in federal court?

ALL bankruptcy courts are Federal Courts. There are many different districts and their names only use the areas the service, like "Bankruptcy court of Iowa" or such and is actually correctly the "US Federal Bankruptcy Court of the District of Iowa" While all courts follow the federal law, for convenience if nothing else, some of these courts use rules that work best for the areas they generally service - like what is a definition of real vs personal property, things concerning community property, etc. But realy, these aren't matters of overwhelming importance tot he average filer, just things to make the process work more smoothly.


What does the dual court system of the US consists of?

The dual court system refers to the separate Federal and State court systems in the United States. Federal courts hear criminal and civil cases that involve constitutional and federal law, policies and special subject matter (such as Bankruptcy, or Federal Tax). State courts hear civil and criminal cases related to state laws and state constitutional issues.


Which is a cases where the federal courts have original jurisdiction?

Any case arising under federal law. Examples would be admiralty law, federal tax law, or bankruptcy.


Does a bankruptcy have to filed with the courts in the county where you live?

It is a FEDERAL law (and is handled by a FEDERAL court), basically under the same rules everywhere. (Some Courts allow special definitions for things in the case, basically to conform to the custom of the area they generally hear cases in). You file in a Federal District Court, which may or may not have any relationship to your County or even State.


What is the difference between the two court systems in our dual court systems?

The dual court system is the distinction of state and federal courts that make up the judicial branch of government.Dual court system refers to the separate Federal and State tracks under the umbrella of the Judicial branch of the United States government. Federal courts hear criminal and civil cases that involve constitutional and federal law, policies and special subject matter (such as Bankruptcy, or Federal Tax); while State courts reserve the power to hear civil and criminal cases related to state laws and state constitutional issues.


Can bankruptcy clear an SSI overpayment?

No, monies owed pertaining to public benefits either federal or state are not dischargeable under bankruptcy laws.


Where are bankruptcies heard?

All Bankruptcy is done under federal law.There is an entire system of courts..The US Bankruptcy Courts, that hears all cases.There are many different circuits of the courts...and some have solightly different procedures/definitions they operate under than others.ADDITIONAL SPECIFIC INFO:You would want to file bankruptcy if you are overwhelmed by debt and harassed by creditors. If you are unable to pay your bills you may be eligible for relief under Chapter 7, Chapter 13, or Chapter 11 bankruptcy.


What are the similarities between state court and federal court?

The United States judiciary has a "dual court system." This term refers to the separate Federal and State tracks under the umbrella of the Judicial branch of the United States government. The two systems have different types of jurisdiction. Federal courts hear criminal and civil cases that involve the US Constitution and federal law, policies and special subject matter (such as Bankruptcy, or Federal Tax). State courts reserve the power to hear civil and criminal cases related to state laws and state constitutional issues.


What are similarities between the state court and the federal court systems?

The United States judiciary has a "dual court system." This term refers to the separate Federal and State tracks under the umbrella of the Judicial branch of the United States government. The two systems have different types of jurisdiction. Federal courts hear criminal and civil cases that involve the US Constitution and federal law, policies and special subject matter (such as Bankruptcy, or Federal Tax). State courts reserve the power to hear civil and criminal cases related to state laws and state constitutional issues.


Why do you have a federal and state court system in a federal system?

The United States has a dual court system that consists of federal courts and state courts because the federal government and state governments are separate entities. Federal courts generally handle matters related to federal laws, US treaties and the US Constitution. Each state is governed by federal laws, but also has an independent government with its own constitution, laws and local ordinances, and the right to enforce them. The state court system processes cases that arise under their jurisdiction (authority) and ensures defendants and litigants receive due process under the state statutes and constitution, as well as under the US Constitution. The federal courts don't have a right to hear these cases unless they also involve federal or US constitutional law.


What branch of government tries cases under the laws?

The Federal Courts try issues dealing with violations of Federal law. They also take appeals from state courts. There are four basic branches of the Federal Judiciary: U.S. Bankruptcy Court, U.S. District Court, U.S. Courts of Appeal and the U.S. Supreme Court. There are a number of specialty courts operated by the U.S. Government, too. Links are provided to the U.S. Judiciary website and to the Wikipedia article.