How to Change the Venue in Bankruptcy

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    • 1). Draft a Motion to Change Venue and a Certificate of Service (please see Resources section for samples). A Motion to Change Venue recites your request to change venue and states the proposed grounds for the change in matter-of-fact but subtly persuasive language. A Certificate of Service is a document that proves the motion was delivered to the debtor.

    • 2). Create a 21-Day Notice to Creditors/Parties in Interest. This document notifies other parties of the change of venue 21 days in advance, and will be delivered to them if your motion is granted.

    • 3). Draft a proposed Order for Change of Venue (please see third link in Resources for a sample). This is the document that the judge must sign to grant your motion. Once it is signed, the venue will be automatically changed to your proposed location.

    • 4). File the Motion to Change Venue, Certificate of Service, 21-Day Notice to Creditors/Parties in Interest and Order for Change of Venue with the clerk of the bankruptcy court where the original petition was filed. No filing fee is required.

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