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Florida Filer Gurus -Married filing jointly? Living in two different districts

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    Florida Filer Gurus -Married filing jointly? Living in two different districts

    Would it be possible for my brother and his wife to file jointly while living separately?

    Also, Sister in law lives 7 miles from my Brother, however her jurisdiction is considered Northern District of Florida (Gainesville office) and my Brother's jurisdiction is Florida Middle District (Jacksonville Office).

    Which district to use?

    #2
    Whichever is more convenient. There may be some issues with the two separate household expenses, but that's for an attorney to deal with. As a matter of fact, they should gt separate attorneys, and file jointly administered cases.

    Of course which District may lead to more argument and expose why they are separated in the first place. It is a short trip between Gainesville and Jacksonville, but an argument may still ensue. Whoever is more needy of the bankruptcy should probably concede venue so that this goes more smoothly than the marriage.

    Speaking of the marriage and the potential dissolution thereof... they should probably plan on a post-discharge dissolution as well. That's just my opinion. I don't know anything about divorce and bankruptcy strategy, but it's enough that you should understand the impact of each on liability and property.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Widdle, Please allow me to give this input:

      I live about 7 miles north from your physical location and while trying to find an attorney

      I went to seek legal advise for purpose of bk in the adjoining county (Marion) where the attorney would file in Jacksonville. (with 341 Ocala)...

      I also went to seek advise from a bk attorney in Orlando, who would be filing on my behalf in Orlando (gave him a retainer, but later changed my mind)....

      I also went to see an attorney in Hernando county who would be filing in Tampa, however he told me at the time of appt. that he does not represent anybody from our county (just his office policy).......don't know why that was not stated on the phone, prior to appt., as in each case I asked if they cover my area....from what I recall they had been slightly confused over the simularity of the names ...county vs. town......

      and...yes, I also went to Gainsville and talked to an attorney there, who would be filing on my behalf in Jacksonville (with 341 in Ocala)......

      hopes that helps...?

      Comment


        #4
        Thanks for the replies...JustBroke and Neighbor OhBoy.........

        Mmmmm, let's see....I should have mentioned----

        Dear Brother and his wife and youngest child are living apart during the week because of a private schooling issue and have been since January. Very odd situation

        Their house (where my Brother is at the moment) is set to be auctioned off June 8th due to Foreclosure after 2 unsuccessful mods and 9 months of begging and pleading. My brother built the house and have decided that NationStar Mtg can just have it.

        I guess their plan is for the Brother to stay as long as possible to get about 25 years of accumulated dead vehicles and kids abandoned projects removed to the kids homes.

        My brother and his wife plan on purchasing several acres in Levy County and building there.

        I guess this is all just TMI!

        Anyway, Jacksonville is about 2 1/2 hours from us and Gainesville is an hour.

        I just don't want the court dismissing one of them for filing in the wrong district.

        Comment


          #5
          OHBOY.......

          Wow, if the 341 is now held in Ocala based on physical address for Jacksonville filings that would be great.

          I am worried that my Brother might be late to the 341 if it's in Jacksonville.

          Comment


            #6
            Widdle: it's a DEFINATE about the 341 hearings in Ocala for Jacksonville filings, from what I understand they do it because the ride to Jacksonville is too lengthy for poeple from this area.
            2 different attorneys brought out the same statements and remember there is the FEDERAL building right in Ocala.

            Comment

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