Iowa Bankruptcy Courts

All bankruptcy cases are handled by the Federal Bankruptcy Court, regardless of where the debtor resides or where the debt was incurred. Bankruptcy Courts were created by the Bankruptcy Act of 1978, which separated them from the main courts. As a result, bankruptcy courts typically differ from traditional courts in their rules and procedures.

Bankruptcy cases are governed by the Bankruptcy Code, which provides a uniform set of bankruptcy laws throughout the United States. The Bankruptcy Court is responsible for administering the Bankruptcy Code to ensure that the proceedings are conducted fairly and according to the law. Therefore, bankruptcy courts have exclusive jurisdiction to resolve all bankruptcy-related matters, including eligibility, discharge, and claims against a debtor’s property.

The court also resolves disputes between creditors and debtors and reviews proposed repayment plans. Bankruptcy courts also have the authority to discharge certain debts, allowing debtors to start fresh financially.

Bankruptcy courts operate under district courts and have subject-matter jurisdiction over bankruptcy cases. Cases arising under the Bankruptcy Code must be filed in federal district courts, and they cannot be filed in state courts. Ninety-four (94) federal judicial districts handle bankruptcy matters throughout the United States.

As a matter of federal law, 28 U.S.C. 157(a) provides that district courts have subject matter jurisdiction over bankruptcy cases. Moreover, each district court can order that bankruptcy matters be “referred” to the bankruptcy court.

In practice, most district courts have standing orders to that effect, meaning that the bankruptcy court initially handles all bankruptcy cases in its district. A district court is also allowed to “withdraw the reference,” meaning it can remove a case or a particular proceeding from the bankruptcy court and decide on the matter itself. It is rare for bankruptcy cases to be withdrawn, and only under unusual circumstances does this occur.

Filing bankruptcy in Iowa bankruptcy courts can be a highly confusing process. You need to file your case in the right court. Otherwise, your case might be thrown out for jurisdictional reasons. A bankruptcy attorney with experience can ensure your case is filed correctly and in the right court.

Here’s how Henkels & Baker, PC can help you with Iowa bankruptcy courts:

• Advising you on whether you should file for bankruptcy

• Helping you choose the right type of bankruptcy for you

• Reviewing your financial documents and helping you prepare your bankruptcy forms

• Representing you in court

• Helping you negotiate with your creditors

• Helping you protect your exempt assets from being sold or seized by the trustee or the creditors

• Helping you deal with any issues or complications that may arise

Reach out to us at Henkels & Baker, PC. Contact us today and talk to a bankruptcy lawyer in Dubuque, Iowa.