Section 2.17 Venue of the Bankruptcy Case

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

A. (§2.17) Venue of the Bankruptcy Case

The four alternative tests for determining the sufficiency of venue for bankruptcy cases commenced under the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., excluding cases under Chapter 15, are as follows:

1. Domicile

2. Residence

3. Location of principal place of business in the United States

4. Location of principal assets of the debtor in the United States

28 U.S.C. § 1408(1); 1 Collier on Bankruptcy ¶ 4.01[2][a] (Alan N. Resnick & Henry J. Sommer eds., 15^th ed. rev. 2007); see also In re Broady, 247 B.R. 470 (B.A.P. 8^th Cir. 2000). The relevant time period is the 180 days preceding the bankruptcy. If a debtor’s domicile, residence, principal place of business in the United States, or principal assets in the United States have been located in more than one district within the 180-day period, venue is proper in the district in which the domicile, residence, principal place of business, or principal assets have been...