28 U.S.C. § 1409 — Venue of proceedings arising under title 11 or arising in or related to cases under title 11
submitted 42 years ago by Pub. L. 98-353 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 382 words · no verdicts yet
Title 11 proceedings usually begin where the related bankruptcy case is pending. This section gives separate venue rules for small claims, successor claims, and claims arising from the debtor’s post-filing business.
(a) Unless subsection (b) or (d) says otherwise, a proceeding arising under title 11, or arising in or related to a title 11 case, may begin in the district court* where that case is pending.
(b) Except as subsection (d) provides, a trustee may bring a proceeding to recover a money judgment or property worth less than $1,000, a consumer debt under $15,000, or a non-consumer debt against a noninsider under $25,000 only in the district* where the defendant resides.
(c) Except as subsection (b) provides, a trustee may bring a proceeding arising in or related to the case as the statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the district where the State or Federal court sits in which the debtor or creditors could have brought the underlying action under applicable nonbankruptcy venue rules if the bankruptcy case had not begun.
(d) A trustee may bring a proceeding based on a claim arising after the case began from operating the debtor’s business only in the district where the State or Federal court sits in which an action on that claim could have been brought under applicable nonbankruptcy venue rules.
(e) Such a proceeding may be brought against the estate representative in the district where the court sits in which the claimant could have brought the action under nonbankruptcy venue rules, or in the district where the title 11 case is pending.
Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court* in which such case is pending.
Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 1 or a consumer debt of less than $15,000,1 or a debt (excluding a consumer debt) against a noninsider of less than $25,000, only in the district* court for the district in which the defendant resides.
Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the district court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced.
A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought.
A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending.
Source credit: (Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 334; amended Pub. L. 109–8, title IV, § 410, Apr. 20, 2005, 119 Stat. 106; Pub. L. 116–54, § 3(b), Aug. 23, 2019, 133 Stat. 1085.)
- 1984Enacted · Pub. L. 98-353 · 98 Stat. 334
- 2005Amended · Pub. L. 109-8 · 119 Stat. 106
- 2019Amended · Pub. L. 116-54 · 133 Stat. 1085
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-353 on 1984-07-10.
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