Can you transfer your bankruptcy ch 13 case from Kentucky to Colorado?

Answer 1

First - ALL bankruptcy cases are in a Federal court. There are many of these divided into different Districts, generally given the name of the area they are supposed to handle cases in. The many names generally identify the area and can be fairly specific...like Us Bankruptcy Court for the District of Western Kentucky...etc.

Any court only has the right to hear cases that fall within it's jurisdicition. some districts follow their own guidelines or are known to take certain positions different than others. The rules concerning jurisdicition are in part to avoid "venue shopping", where you would file where it is best for you. or alternatively hardest for the opposition. (So a Florida person may have a problem filing in say Alaska, where any Creditor may have a problem/cost in representing themselves). The facts of the case (in BK, probably the legal residence of the filer), would control where he must file, which district has jurisdiction.

Nonetheless, changes of venue (that is where the case is heard), can be granted for many reasons - but you should have a reason - one that promotes the cause of justice - and hopefully the other parties don't object....and you can certainly ask. You may need to modify it for your needs...like that you are no longer domiciled in the original area and it is a hardship to present yourself there.

A sample of what you can use to do so is below.

DECLARATION SUPPORTING MOTION FOR CHANGE OF VENUE FOR CONVENIENCE OF WITNESSES/ENDS OF JUSTICE Attorney name Address Phone number Attorney for ___________________________, Plaintiff/Defendant __________________________ ) Case No. _______ Plaintiff(s) ) v. ) DECLARATION SUPPORTING ) MOTION FOR __________________________ ) CHANGE OF VENUE Defendant(s) ) _________________________ declares: 1. I am ______________________________(relation to case). 2. The following witnesses are expected to testify in the above named case: (For each witness describe the substance and importance of their testimony.) 3. It would be inconvenient for the above named witnesses to testify at the current place of trial for the following reasons: 4. A change of venue in the above named case will promote the ends of justice because: 5. Upon filing the notice of motion for change of venue, I paid the costs and fees required by the court clerk to transfer this action to, and file the papers in, the ____________________ Court of ___________________ County. I declare under penalty of perjury under the laws of the State of _____________ that the foregoing is true and correct. Date: _______________________ Signature