- 28 U.S.C.
Indian Hills Health Care of Sioux City, LLC, Hughes v. Nava Healthcare Grp., LLC
Aug
02
2024
Ruling
Venue was proper as the Chapter 7 trustee's avoidance action arose under the BankruptcyCode. (Bankr. N.D. Iowa)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases
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Court
:
Maes, In re
May
22
2020
Ruling
Debtor’s daughter could file petition on her behalf due to dementia and severe memory loss.(Bankr. D. Colo.)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases.
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Court
:
Lehman Bros. Holdings Inc., In re--Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC
Aug
13
2018
Ruling
Defendants' motion to dismiss was denied where exception was not applicable as the indemnification claims did not arise from any post-petition business of the liquidated debtors. (Bankr. S.D.N.Y.)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases Under Title 11; Action by Trustee Based on Post-petition Claims Arising From Operation of Debtor’s Business.
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Court
:
Angola Healthcare LLC v. Fincannon (In re Angola Healthcare LLC)
Apr
07
2016
Ruling
Motion by defendant in debtor's adversary proceeding to transfer venue denied where the issue had not been raised when the defendant filed its answer.
Issue(s)
Should the court transfer venue of debtor's adversary proceeding on the defendant's motion?
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Court
:
Ross v. Buckles (In re Skyline Manor Inc.)
Dec
18
2015
Ruling
Dismissal of adversary proceedings for improper venue denied as proceedings were properly brought in district where related bankruptcy was pending.
Issue(s)
Was venue of fraudulent transfer proceedings proper in the district where debtor's bankruptcy was pending?
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Court
:
- 28 U.S.C.
Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)
Oct
24
2011
Ruling
28 U.S.C. § 1409 applies to preference proceedings and the relevant date for purposes of assessing the monetary threshold set forth by § 1409(b) is the Petition Date.
Procedural posture
This matter came before the court upon the motion of defendant, an alleged transferee, to dismiss, under Fed. R. Civ. P. 12(b)(3), the adversary complaint initiated by plaintiff, the chapter 7 trustee, for lack of proper venue pursuant to 28 U.S.C.S. § 1409(b). The trustee's complaint, pursuant to 11 U.S.C.S. § 547, sought to avoid allegedly preferential transfers to defendant in the aggregate amount of $11,211.
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Court
:
Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.)
Oct
07
2011
Ruling
Good faith allegation of amount of alleged preferential transfers was determinative in hearing on motion for change of venue for failure to meet threshold amount.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant corporation to avoid and recover preferences or fraudulent transfers. Defendant filed a motion to transfer venue on the ground that based on its affirmative defenses, any debt recoverable in this action would be less than the threshold amount of $11,725 required under 28 U.S.C.S. § 1409(b).
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Court
:
N1 Creditors Trust v. Crown Packaging Corp. (In re Nukote Intl Inc.)
Sep
02
2011
Ruling
Small-dollar home court venue exception applied to non-consumer, non-insider preference proceeding between creditors' trust and corporation.
Procedural posture
Plaintiff creditors' trust brought a non-consumer, non-insider preference action under 11 U.S.C.S. § 547(a) against defendant, a corporation that resided in Missouri, for an amount less than $11,725. The Missouri corporation moved to dismiss the preference proceeding for lack of proper venue, arguing that the action could only properly be brought in Missouri, pursuant to 28 U.S.C.S. § 1409(b).
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Court
:
DynAmerica Mfg. LLC v. Johnson Oil Co. LLC (In re DynAmerica Mfg. LLC)
May
10
2010
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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Court
:
Miller v. Hirn (In re Raymond)
Jun
16
2009
Ruling
Venue of preference proceeding was proper where debt was not consumer and transferee was an insider of debtor.
Procedural posture
In this adversary proceeding, plaintiff trustee sued to recover an alleged avoidable preference in the amount of $ 6,000. Defendant, who resided outside the Northern District of Georgia, moved to dismiss on the ground that venue was improper under 28 U.S.C.S. § 1409(b).
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Court
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