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Court Filings - County and Divisional County selections

Why is Divisional Court for Meeting of Creditors Hearing required?

Mandy Ballinger avatar
Written by Mandy Ballinger
Updated over a week ago

When a case is filed through NextChapter to the court, here is how the divisional court is assigned:

  • Residential Address Only: If the debtor only has a residential address and NO mailing address, NextChapter enters the debtor's residential address and county for the debtor with the court. Most courts use that county to automatically assign the divisional court.

  • Mailing Address - In Same State as Residential Address: If the debtor has a mailing address in the same state as their residential address, NextChapter enters the debtor's mailing address (so that court notices are sent to the mailing address) and enters the debtor's residential county. This allows the debtor to receive court notices at the mailing address while still assigning the case to their residential county for the divisional court.

  • Mailing Address - In Different State Than Residential Address: If the debtor has a mailing address that is in a different state than the residential address, the court's site will only allow the system to select a county from the mailing address state. In this scenario, NextChapter enters the mailing address and mailing county. If the address is out of state, some courts will automatically assign a divisional court and some courts will require a divisional court be selected. NextChapter asks you to select the Divisional Court before filing the case, for the occasional scenarios where court does ask us to select this information when filing.

Exceptions:

  • Cases filed in California Central: Cases filed in California Central will always use the residential address.

  • Cases filed in California Northern: If a case is filed where the debtor's residential address is in a different county than the mailing address, NextChapter will enter the debtor's residential address for the debtor, per the court's instructions.

  • Cases filed in Massachusetts: If a case is filed where the debtor's mailing address is in a different district than the district, NextChapter will enter the debtor's residential address for the debtor, per the court's instructions.

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