Local Rule Rule 1071-1: Court Divisions and the Transfer of a Case or Proceeding

Rule 1071-1 Court Divisions and the Transfer of a Case or Proceeding

(a) Court Locations. The work of the court is divided by county among court locations as follows: Detroit: Jackson, Lenawee, Macomb, Monroe, Oakland, St. Clair, Sanilac, Washtenaw and Wayne Counties; Flint: Genesee, Lapeer, Livingston and Shiawassee Counties; Bay City: Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw and Tuscola Counties.

(b) Identifying the Appropriate County. A petition initiating a bankruptcy case must identify the county in which the domicile, residence, principal place of business or principal assets of the person or entity that is the subject of such case has been located for the 180 days immediately preceding such commencement, or for a longer portion of such 180-day period than the domicile, residence, principal place of business, or principal assets of such person were located in any other court location.

(c) Transfer of Case or Proceeding.

(1) Upon notice and hearing, a judge may, in the interest of justice or for the convenience of the parties, transfer a case or proceeding filed in a proper location to any other court location within the district.

(2) If a case is filed in an improper court location, a judge may transfer it to a proper court location on stipulation of the debtor and the United States trustee or upon motion of the United States trustee or any party in interest.