Understanding Bankruptcy Court

When you have mounting debts and decide to declare bankruptcy, that isn't the end of your troubles. In reality, that opens a whole new set a challenges, beginning with bankruptcy court. In order to mediate your debts, determine your eligibility for the bankruptcy chapter you filed for, and determine what property of yours has to be liquidated, you will go to bankruptcy court where a judge will rule on all of these things.

Bankruptcy court is a satellite court of the United States District Court. The US District Court is divided into several districts, as the name suggests, and each of those districts has one or several bankruptcy courts that deal exclusively with bankruptcy cases.

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Though the district court does have jurisdiction over all bankruptcy since bankruptcy is a federal matter, it will usually hand the case to the specialized court, unless it's a case dealing with an unusually high amount of debt.

While there are only 94 US District Courts, there are many more bankruptcy court locations. In Florida, there are eight locations: Tampa, Jacksonville, Orlando, Tallahassee, Pensacola, Miami, Fort Lauderdale, and West Palm Beach. Your case is usually heard in whichever court is the shortest distance from you.

Under federal law, each bankruptcy court is allowed to have its own local rules. Since proceedings can vary from court to court, it is important to hire an experienced bankruptcy lawyer that operates in your state, as he or she will have a better knowledge of the local rules and how to work within them. This will help you get the best settlement possible, which is important when filing for bankruptcy.

You will usually appear before the bankruptcy judge on the day of your hearing. Unless your case is sealed by the judge, a rare occurrence, your hearing is open to public, just like any other court case. Since your case is open to the public, there may be reporters at your hearing, especially if you are a prominent citizen or have an unusual amount of debt.

During the trial, your attorney will present your case and, at the end, the judge will rule on your case. Though the judge's ruling is considered final, you can appeal the decision with the United States District Court if you feel your case was ruled unfairly.

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