[CLBS] Choice of Filing Location?

[Alexandra Caval]

I had a case like the situation Tyler described earlier this year - an attorney filed a case in Ada County for Debtors that lived in Hailey. The end result was an intra-district transfer between the judges and the case ended up back on the Twin Falls docket where is should have been from the start. The case ended up with a new case number which makes it incredibly difficult for creditors to file claims and the trustee spent too much time making changes to her system as a result of that simple change in the case number.  A copy of the summary order is attached, but in a nutshell venue is based upon the debtor's residence; file accordingly. Lastly, as Randy pointed out listing the wrong address invites the court to inquire about debtor conduct and Rule 9011(b).

Alexandra Caval


-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Monday, November 24, 2014 5:47 PM
To: Tyler S. Wirick; BK listserve
Subject: Re: [CLBS] Choice of Filing Location?

The Courts automatically set the case for the area in which the debtor lives.

LBR 5005.1 says in part:

Northern Calendar (Coeur d'Alene):

Matters before the court and § 341(a) meeting of creditors: Federal Building & U.S. Courthouse, 6450 N. Mineral Dr, Coeur d'Alene, Idaho.
Benewah, Bonner, Boundary, Kootenai, Shoshone.


If you have a debtor states a false address and county in the petition, one might think the debtor is starting off on a bad foot.


-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler S. Wirick
Sent: Monday, November 24, 2014 2:03 PM
To: BK listserve
Subject: [CLBS] Choice of Filing Location?



All,

This is a new one for me, and I don’t know that it is directly addressed in the Local Rules. Debtor lives in CdA but wants to file in Boise. Does not have property or own a business in Ada County. Can the debtor do it?

Best regards,

Tyler S. Wirick
Law Offices of Tyler S. Wirick
250 Northwest Blvd. Suite 107A
Coeur d'Alene, Idaho 83814
Telephone: (208) 292-4200
Fax: (208) 292-4201
tyler.wirick at wiricklaw.com <mailto:tyler.wirick at wiricklaw.com>

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