Section 2.19 Transfer

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

C. (§2.19) Transfer

Although the debtor’s choice of forum in filing the petition is given considerable weight when venue is proper, other interested parties may seek to transfer the case or proceeding. The district court may transfer the bankruptcy case or proceeding to another district in the interest of justice or for the convenience of the parties. 28 U.S.C. § 1412; Fed. R. Bankr. P. 1014. The bankruptcy court may order the transfer of a core proceeding. In re Roberts, 91 B.R. 71, 72 (Bankr. W.D. Mo. 1988); see also In re Owens, 96 B.R. 215 (Bankr. W.D. Mo. 1988) (transfer was based on the location of witnesses and necessary parties absent showing of serious inconvenience to the debtor). The court in In re Spicer Oaks Apartments, Ltd., 80 B.R. 142 (Bankr. E.D.
Mo. 1987), examined six factors in determining whether transfer was proper:

1. Proximity of creditors

2. Proximity of debtor

3. Proximity of witnesses necessary to the...