{"id":286972,"date":"2016-04-04T10:41:53","date_gmt":"2016-04-04T15:41:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/what-is-bankruptcy\/united-states-bankruptcy-courts.html"},"modified":"2024-06-29T03:15:45","modified_gmt":"2024-06-29T08:15:45","slug":"united-states-bankruptcy-courts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/what-is-bankruptcy\/united-states-bankruptcy-courts.html","title":{"rendered":"United States Bankruptcy Courts"},"content":{"rendered":"\n
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United States Bankruptcy Courts<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re considering\u00a0bankruptcy<\/a>, you should familiarize yourself with local\u00a0bankruptcy court<\/a>\u00a0rules and procedures. The\u00a0Bankruptcy Code<\/a>\u00a0is a federal law. However, there are U.S. District Courts in every state. Your bankruptcy case will take place in the U.S. District Court in the federal district in which you live.<\/p>\r\n

The district courts have jurisdiction over specific geographic areas. In total, there are 94\u00a0U.S. District Courts<\/a>. Some states have more than one\u00a0U.S. Bankruptcy Court<\/a>. Before filing your bankruptcy petition, you must confirm which judicial district handles your jurisdiction.<\/p>\r\n

Types of Bankruptcy<\/h2>\r\n

There are several types of bankruptcy. However, generally for individual consumers, the two types of bankruptcy cases are filed under Chapter 7 and Chapter 13. In a\u00a0Chapter 7 bankruptcy case<\/a>, the court discharges some or all of your debt. Once the bankruptcy is over, you no longer owe money to the creditors included in the bankruptcy petition.<\/p>\r\n

In a\u00a0Chapter 13 case<\/a>, the court doesn’t discharge your debt. Instead, the trustee will negotiate a long-term repayment plan with your creditors. Your repayment plan will last anywhere from three to five years. Once you complete your monthly payments, the court will likely discharge any remaining debt.<\/p>\r\n

Regardless of which type of bankruptcy you file, the court may exclude certain debts. Specifically, the court may exclude secured debts from your discharge or repayment plan. This includes mortgages, car loans, and personal loans tied to collateral.<\/p>\r\n

Finding Your Bankruptcy Court<\/h2>\r\n

The bankruptcy court in your district handles all bankruptcy matters. If you live in a state with more than one district, you might need to find out which district you are in. Most of the bankruptcy court websites provide lists or maps of counties that are within that district.<\/p>\r\n

A bankruptcy attorney can also help you find the proper U.S. bankruptcy court in your district. If you need to appeal the judiciary’s findings in your case, you will do so through the U.S.\u00a0Court of Appeals<\/a>\u00a0for your district. The appellate court will review the lower court’s proceedings and determine if the bankruptcy judge and United States\u00a0trustee<\/a>\u00a0should’ve approved your bankruptcy petition.<\/p>\r\n

History of Bankruptcy Proceedings and Courts<\/h2>\r\n

Bankruptcy laws have changed since Congress created\u00a0the first Bankruptcy Act in 1800<\/a>. These rules and procedures govern the bankruptcy process.<\/p>\r\n

There have been several bankruptcy acts and rules over the years<\/a>. Some of these include the following:<\/p>\r\n