Generally, you must file a bankruptcy case in the District where you have lived for the biggest part of the last 180 days. So, in most cases, you must wait until you have lived in the new District for 91 days. However, filing in the wrong district may, on rare occasions, be the only option. This could be true if a foreclosure was imminent, for example.

If the case is filed in the wrong district, the debtor is still entitled to all of the protections of the bankruptcy code. Some Courts will require that the case be removed to the proper district, but others will allow the case to proceed if there are no creditor objections.

If you are considering a bankruptcy, it is best to get advice from a bankruptcy lawyer as early as possible, even if you may have to wait to file. A good attorney will review your situation and discuss all your options. If you will need to wait to file, a good attorney will advise you on dealing with your creditors in the meantime. It may be advantageous to continue paying certain creditors. It may also be important to stop paying certain creditors, even if you don’t want to discharge that particular debt. Always get good advice early.