Chapter 4, E. Venue

• Jurisdiction: United States

E. Venue

A case under title 11 may be commenced in the district court for the district in which a person or entity has his domicile, residence, principal place of business in the U.S. or where the principal assets in the U.S. have been located for the 180 days immediately preceding the filing of the bankruptcy petition.⁶² Moreover, a person or entity may also file wherever their affiliate, general partner or partnership has an already pending bankruptcy case.⁶³

Proceedings arising under, arising in or related to a bankruptcy case may be brought in the district court where the bankruptcy case is pending.⁶⁴ BAPCPA modified § 1409 and provides that a proceeding to recover a nonconsumer debt of less than $10,000 against a noninsider may be brought in the district where the defendant resides.

--------

Notes:

^[62] 28 U.S.C. § 1408(1).

^[63] 28 U.S.C. § 1408(2).

^[64] 28 U.S.C. § 1409.