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DynAmerica Mfg. LLC v. Johnson Oil Co. LLC (In re DynAmerica Mfg. LLC)

DynAmerica Mfg. LLC v. Johnson Oil Co. LLC (In re DynAmerica Mfg. LLC)

Ruling
Proceeding for avoidance of small claim dismissed as not brought in venue where creditor resided.
Procedural posture

Plaintiff debtor brought this adversary proceeding to avoid and recover a preferential transfer pursuant to 11 U.S.C.S. §§ 547, 550. Defendant transferee filed a Fed. R. Civ. P. 12(b)(3) motion seeking to dismiss the adversary proceeding for improper venue based on 28 U.S.C.S. § 1409(b).

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Commercial opinion summary, case decided on May 10, 2010 , LexisNexis #0710-064