Bankruptcy cases are filed in the United States Bankruptcy Court for the federal judicial district where you’ve lived, run your principal place of business, or kept your principal assets for the greater part of the 180 days before you file.1Office of the Law Revision Counsel. 28 U.S. Code 1408 – Venue of Cases Under Title 11 That is the only court that handles your case, and the question of which court to file bankruptcy in comes down to identifying that one district. No state court, no regular federal civil court, and no administrative agency plays a role.
Bankruptcy Is a Federal Court Matter
Bankruptcy is entirely a creature of federal law. The U.S. district courts hold original jurisdiction over bankruptcy cases, but in practice they refer essentially every case to the bankruptcy court sitting in their district.2Office of the Law Revision Counsel. 28 U.S. Code 157 – Procedures Each federal judicial district has its own bankruptcy court, staffed by bankruptcy judges who take cases from the opening petition through discharge.3U.S. Government Publishing Office. 28 U.S. Code 151 – Designation of Bankruptcy Courts
You will not appear before a state judge. You will not file in small claims court, superior court, or your county clerk’s office. Even though many of the debts you want to address (credit cards, medical bills, car loans, mortgages) may have been pursued against you in state court, the bankruptcy case itself is federal from start to finish.
Because the governing law is federal, the framework is largely the same across the country. The bankruptcy code (Title 11 of the U.S. Code) and the Federal Rules of Bankruptcy Procedure apply uniformly whether you file in Montana or Florida. Districts do have their own local rules on top of the federal ones, but the core process does not change with geography.
Finding the Right District
Federal law pins your case to a specific district based on where you have been located. The venue statute says you file where your domicile, residence, principal place of business, or principal assets have been for the greater part of the 180 days before filing.1Office of the Law Revision Counsel. 28 U.S. Code 1408 – Venue of Cases Under Title 11 For most people this is simple: you file in the bankruptcy court covering the area where you currently live and have lived for the last six months or more.
Some states contain a single federal judicial district with one bankruptcy court covering the whole state. Larger states are split into multiple districts (northern, southern, eastern, western), and each has its own bankruptcy court with one or more divisional offices. You can look up your district on the U.S. Courts website at uscourts.gov by entering your state. The district court’s site lists the physical address of the bankruptcy clerk’s office, local filing procedures, and any district-specific forms.
What If You Recently Moved
The 180-day rule is designed for exactly this situation. If you moved during that six-month window, you file in the district where you spent more of those 180 days, not necessarily where you live today. Someone who moved from Ohio to Georgia 60 days before filing would still file in the Ohio district that covered their old address, because that is where they were located for most of the look-back period. Someone who moved more than 90 days before filing would file in the new district.
The same analysis applies if your home is in one district but your principal assets (a business, real estate holdings) are in another. The statute allows venue based on any of those connections, so long as the location satisfies the majority-of-180-days test.
Where You Actually File Within the Court
Filings go through the bankruptcy clerk’s office for your district. Most courts accept and in many cases require electronic filing, though some districts still allow in-person or mail filings for self-represented individuals. Attorneys file electronically through the court’s CM/ECF system. Each clerk’s office publishes its own instructions on how pro se (self-represented) filers can submit their petition and schedules, and those instructions are the authoritative source for the district you’re filing in.
The Court Is the Same Whether You File Chapter 7 or Chapter 13
Which chapter of the bankruptcy code you file under does not change which court hears your case. Both chapters go to the same U.S. Bankruptcy Court in your district. The chapter affects the fees, the length of the case, and the shape of the relief you receive, but not the courthouse.
Chapter 7 is a liquidation. A court-appointed trustee reviews your assets, sells anything that isn’t protected by an exemption, and uses the proceeds to pay creditors; most remaining qualifying debts are then wiped out. A Chapter 7 case typically runs three to six months.
Chapter 13 is a repayment plan. You propose a plan to repay some or all of your debts over three to five years out of future income, and you keep your property while making those payments. If your household income falls below the state median for your family size, the plan runs three years; if it is at or above the median, it runs five.
Filing Fees Paid to the Court
Every petition carries a filing fee paid to the bankruptcy court when you submit it. Chapter 7 totals $338, which breaks down into the base filing fee, a $78 administrative fee, and a $15 trustee surcharge. Chapter 13 totals $313, consisting of the base filing fee plus the $78 administrative fee.4United States Courts. Bankruptcy Court Miscellaneous Fee Schedule These are court fees. Any attorney you hire charges separately, and attorney fees for a straightforward Chapter 7 case typically run from roughly $800 to $2,100 or more depending on your location and the complexity of your finances.
If you can’t afford the Chapter 7 fee upfront, you can apply to pay it in up to four installments over 120 days, extendable to 180 days for cause.5Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee You can also apply for a complete waiver if your household income is below 150% of the federal poverty guidelines.6United States Department of Justice. Notice to Chapter 7 Trustees re Bankruptcy Filing Fee Waivers Chapter 13 filers do not qualify for fee waivers or installment plans; the full amount is due at filing.
One Requirement to Clear Before the Court Will Accept Your Case
You cannot file a bankruptcy petition until you have completed a credit counseling briefing from a nonprofit agency approved by the U.S. Trustee Program. The briefing has to happen within 180 days before your filing date.7Office of the Law Revision Counsel. 11 U.S. Code 109 – Who May Be a Debtor It typically takes about an hour and can be done by phone or online. The U.S. Trustee Program maintains a searchable list of approved providers organized by state and district.8United States Department of Justice. List of Credit Counseling Agencies Approved Pursuant to 11 U.S.C. 111 You submit the completion certificate to the bankruptcy court along with your petition.
If a genuine emergency, such as a scheduled foreclosure sale, forces you to file before completing the briefing, you can ask the court for a temporary exemption. You still have to finish the counseling within 30 days of filing, with a possible 15-day extension for cause.7Office of the Law Revision Counsel. 11 U.S. Code 109 – Who May Be a Debtor
Emergency Filings Still Go to the Same Court
If you’re trying to stop a foreclosure, repossession, or wage garnishment that is about to happen, you can file an emergency “skeleton” petition with the bankruptcy court to trigger the automatic stay immediately. At minimum, you need the petition itself, a list of your creditors’ contact information, your credit counseling certificate or a waiver request, and a form providing your Social Security number.9Justia. Emergency Bankruptcy Filings and Legal Requirements You then have 14 days to file the remaining schedules and documents with the same court, or the case will be dismissed. The skeleton filing does not change venue; it still goes to the bankruptcy court for your district, chosen under the same 180-day rule described above.
The automatic stay that follows your filing immediately halts most creditor collection activity, including lawsuits, phone calls, wage garnishments, bank levies, and foreclosure or repossession proceedings.10Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay That protection flows from the bankruptcy court the moment your case is on its docket.
Confirming Your Court Before You File
Before you submit anything, confirm three things. First, identify your federal judicial district using the court locator at uscourts.gov. Second, apply the 180-day rule honestly: if you moved recently, work out where you were located for most of that period. Third, check the local rules and filing instructions published by the clerk’s office for that district, because those cover the specifics of how your district expects petitions, schedules, and fee payments to come in. Get those three right and you will be filing in the correct court.