Which courts hear bankruptcy and family law matters in Virginia?
Virginia lawyers and judges use the term jurisdiction to describe the power of a court to hear and decide a particular matter concerning a particular person or thing. Venue is used to describe the most appropriate or convenient court in Virginia to hear a particular matter, usually from a number of different possible courts with jurisdiction. In the Richmond, Virginia area, the U.S. Bankruptcy Court for the Eastern District of Virginia, Richmond Division, has jurisdiction and venue over bankruptcy cases when the debtor’s domicile, residence, principal place of business or principal principal assets were located, for the greater portion of the preceding 180 days in cities of Richmond, Colonial Heights, Emporia, Fredericksburg, Hopewell, or Petersburg, or the counties of Amelia, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Goochland, Greensville, Hanover, Henrico, King and Queen, King George, King William, Lancaster, Lunenburg, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Richmond County, Spotsylvania, Surry, Sussex or Westmoreland.
Bankruptcy concerns both federal and state law while family law is predominantly state law. Congress was given the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States;..” in Article I, Section 8 [4] of the U.S. Constitution. In Section 151 of Title 28 of the U.S. Code, bankruptcy courts and judges are made a part of the U.S. District Court system. The Bankruptcy Code is contained in Title 11 of the U.S. Code. The power of the Bankruptcy Courts is defined in Section 105 of Title 11, which include the broad-reaching, equitable power to “issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of [Title 11 of the U.S. Code]”. By virtue of a standing order entered in the U.S. District Court for the Eastern District of Virginia, bankruptcy related matters have been referred to the bankruptcy judges in this district. As discussed in answer to the question, “What kind of property can a husband or wife protect in bankruptcy?”, Virginia has “opted out” of the property protections or exemptions provided in the Bankruptcy Code, so Virginia residents use the Virginia state law exemptions, along with various non-Bankruptcy Code federal exemptions, to protect property in bankruptcy. Thus, bankruptcies in Virginia are concerned with Virginia property law, and Virginia divorce or family law.
The Virginia Circuit Courts have exclusive, original jurisdiction over divorces and related matters, including spousal support and maintenance, child support, child custody, child visitation, and equitable distribution, the process of dividing up marital property and marital debt. Most of the Virginia statutes concerning domestic relations, marriage and divorce are contained in Title 20 of the Virginia Code. The Virginia Juvenile and Domestic Relations District Courts share jurisdiction with the Circuit Courts over certain family law matters, including child custody, child visitation, child support, spousal support or maintenance, as defined in Section 241 of Title 16.1 of the Code of Virginia, but not over divorce or equitable distribution.
You should consult with a Virginia bankruptcy or family law lawyer to discuss which court is the proper court to hear your legal matter.