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§ 1409(b)

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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Commercial opinion summary, case decided on May 22, 2020 , LexisNexis #0720-022
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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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Commercial opinion summary, case decided on December 18, 2015 , LexisNexis #0116-070
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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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Commercial opinion summary, case decided on October 07, 2011 , LexisNexis #0112-067
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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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Commercial opinion summary, case decided on September 02, 2011 , LexisNexis #1011-030
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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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Commercial opinion summary, case decided on May 10, 2010 , LexisNexis #0710-064
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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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Consumer opinion summary, case decided on June 16, 2009 , LexisNexis #0909-099
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