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United States Bankruptcy Courts

Jan 31, 2008
Preparing to file bankruptcy will require you getting your documentation and statements showing proof of income and expenses together. The bankruptcy judge will require this information before making his or her decision of which debts will be discharged. He'll also use the information to see what type of bankruptcy you'll be most qualified for and benefited from.

The paperwork will include required pay stubs which will show the amount of income you gross per month. You'll also be required to prove your monthly expenses, including rent, utilities and grocery costs. Your statements showing credit card expenses, loans, taxes and unpaid medical bills will also be part of your paperwork to gather. The judge will then look over your income. Most often your assets and debts will be compared against your state's median income. Some states have tougher standards for comparison than others. The comparison results will determine what type of bankruptcy you'll qualify for.

Each state has its own list of specific assets that are eligible for exemption. It's best to consult with a bankruptcy attorney when trying to figure out what you own that will qualify for exemption. Taking assistance from a bankruptcy attorney is a good move, so you can ensure you're doing everything you can to conclude your bankruptcy on the most positive note possible.

United States bankruptcy courts are the bankruptcy judges in active and regular service in each district. They hold the power to handle bankruptcy matters. There are ninety four federal judicial districts in the United States and each of them handles bankruptcy petitions. Bankruptcy petition can be described as Debtor's petition or Creditor's petition depending on who files the petition as can be implied.

Bankruptcy petitions cannot be filed in any court. The petition must be filed in a court with jurisdiction. In the United States, bankruptcy cases have to be filed in Bankruptcy courts which are usually the (Federal) courts with jurisdiction to handle such matters. Notwithstanding, district courts also have subject matter jurisdiction over bankruptcy matters and may refer petitions to the bankruptcy court at any point by order.

Bankruptcy laws are designed to protect financially distressed individuals or organizations and also to make provision for liquidation of any non-exempt assets for orderly distribution to creditors.

In the United States, judges who preside over bankruptcy matters, otherwise referred to as "bankruptcy judges" are appointed for a fourteen year term by the US court of appeal. They constitute a unit in the applicable district court in each judicial district.

A United States Bankruptcy Judge is the court official empowered to make decisions on bankruptcy issues in United States bankruptcy courts. He determines the eligibility of the debtor for the form of petition filed and also if the debtor should be discharged of his debt obligations.

Typically, a debtor who files for Chapter 7 bankruptcy has limited or no involvement with the bankruptcy judge and may not see him unless an objection is raised on the petition.

A typical United States Bankruptcy court will administer the federal bankruptcy law in order to meet congress goal for enacting the law which is to give debtors a "fresh start" while also protecting creditors from unfair exploitation.

If you are filing for bankruptcy, your attorney knows the courts with jurisdiction to handle your case. So you need not worry. If however, you are filing your application yourself, endeavor to research the appropriate bankruptcy court in your district before filling your forms. Online database are available for your use in case you are not sure.
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