Legal Question in Bankruptcy in Texas

Remote filing?

Is it possible to file Chapter 7 remotely (i.e. by Internet or Postal Service)? It is difficult for us to travle to a major town. If not, what town(s) CAN we file in other than Austin? We are located in Georgetown, Texas (20 miles North of Austin). Thank you for your service.


Asked on 4/02/02, 4:53 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: Remote filing?

Short answer -- I service clients all over the country via the Internet.

Many of the bankruptcy courts now have electronic filing. I believe the bankruptcy court located in San Antonio is equipped to handle electronic filing.

There are two problematic issues with respect to your question. First, technically according to the bankruptcy code, you must file in the jurisdiction where you live. However, the issue of proper jurisdiction is rarely challenged, thus you could file outside of your jurisdiction if you are willing to take the risk. I have done this in the past for other clients who wish to file outside of their jurisdiction for various reasons. The second problem I see in your situation is that your question seems to suggest that you are either unable or unwilling to travel to a courthouse. Even if you file in a jurisdiction accepting electronic documents, you and/or your spouse (in case of a joint filing) must attend in person a meeting of creditors.

I would be happy to speak with you to discuss your case in greater detail. Working with clients over the Internet has become my expertise. I maintain offices in Dallas and Minneapolis. Please call 1-800-303-0720 if you have any questions.

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Answered on 4/02/02, 6:47 pm


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