Posted on November 28, 2010
While bankruptcy is Federal law, the United States is broken up into nearly 100 different bankruptcy jurisdictions, providing a local jurisdiction for all of the residents of the country.
This allows each state, and often multiple areas within the state, to have input into how bankruptcies within their boundaries are handled, based on local conditions. At 713training.com, we are often asked what the differences are between each of these bankruptcy jurisdictions.
To get a complete list of these “differences” or local rules, as they are called, for a jurisdiction, all you need to do is go to the website of the jurisdiction you are interested in, and locate the list of local rules that are published there.
The easiest way to find the bankruptcy court’s website is to perform an internet search for it via your favorite internet search engine. For example, you could search for “central california bankruptcy court”, which should immediately provide a link to the court’s website.
Alternatively, you could also go to www.bankruptcy-courts.net, click on the link at the bottom of the page for “Bankruptcy Courts For All 50 States”, select the circuit that bankruptcy court is in, and link over to it.
Once on the court’s website, you will need to find where the post the local rules, where you can read through them.
Through our experience of drafting bankruptcy petitions for attorneys from coast-to-coast what we have found, is that the differences regarding how to draft the petition to conform to the local rules, are fairly minimal. In fact, we find that most of the time, the attorney knows what they are, and will either educate the VBA on these issues up front, or along the way, as he or she reviews the first few petitions being drafted.
The local rule could be something as simple as to not list 401k loans as a lien against the 401k, or to not list more items in a single entry of Schedule B (e.g., household goods), than will total $525, unless it is a single piece of property exceeding this amount.
Compliance with these rules is very simple, especially if you keep a list of these items to double-check your work against, and our bankruptcy training has been proven to be effective in all 50 states…in all of the nearly 100 bankruptcy jurisdictions.
If you are an attorney reading this, we have found that you can quickly get up to speed on any local rules for your role in bankruptcy via not only reading the posting of the rules, but also attending several 341 meetings, and networking with other bankruptcy attorneys. In fact, 341 meetings are the perfect opportunity to network.
Wishing you a prosperous week.
The 713Training Team
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DISCLAIMER: We at 713Training are not attorneys; any information provided by 713Training should not be considered legal advice. The information in this article, and any other materials provided by 713Training, whether delivered verbally, written or via any other means, including electronic/digital delivery and storage, is for training purposes only, and is intended for individuals who work under the direction of a licensed attorney.