Jurisdiction and Venue

This video will be a brief introduction to the legal terms "Jurisdiction" and "Venue."  Venue as it relates to a prospective bankruptcy case can be a very delicate and serious matter - so please seek the advice of a competent bankruptcy attorney (https://www.nacba.org/find-an-attorney/) before making moving decisions before considering to file a bankruptcy case.


Hello, bankruptcy aficionados. 

The difference between jurisdiction and venue. 

Jurisdiction is the power of a court to hear a matter.

Such as a criminal court has a power or jurisdiction on issues related to crimes.

A civil court has jurisdiction over issues such as breach of contract and other types of collection matters, and all kinds of things. From, as I mentioned, breaches of contract to business issues. 

The federal court has a jurisdiction to hear federal issues like constitutional violations, federal statute violations, or issues, or things of that nature. 

The bankruptcy court has the jurisdiction to hear bankruptcy matters. So any bankruptcy court in the United States could hear a bankruptcy related matter.

Venue is a different question, and probably a little bit more serious in that venue decides what venue, what physical geographical court, is the best to hear a matter.  

And that relates to where you live when you file a bankruptcy case. 

And generally speaking as the law goes, you have to reside in a venue county for 90 of the past 180 days. Very straightforward. 

So you'll want to see competent bankruptcy representation and advice before moving, and certainly throughout the process to make sure you file where you want to file.

Because the next thing we're going to talk about in another video is exemptions

And the exemptions that apply, or protections, that apply to any bankruptcy is dependent on the state that you file your case in, which of course relates to venue because that is geography.

So, just be very careful and seek competent bankruptcy help because this is a pretty complicated issue that can be simplified greatly by seeking the help of counsel. 

Thank you and we'll see you again soon.