- 28 U.S.C.
In re Caesars Entmt Operating Co.
Feb
02
2015
Ruling
Voluntary case filed by debtor in one state should proceed rather than prior involuntary case in another state where the debtor's venue would better support reorganization.
Issue(s)
Was the proper venue for debtors' bankruptcy the district in which the debtor was incorporated and where petitioning creditors initiated an involuntary bankruptcy proceeding or the district where the debtor and certain of its affiliates initiated a voluntary bankruptcy proceeding three days later?
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Court
:
- 28 U.S.C.
City & Borough of Juneau v. Beardsley (In re Fountain Vill. Dev.)
Sep
16
2014
Ruling
City's state court action removed to a bankruptcy court transferred to the court where debtor's case was originally filed.
Issue(s)
Should removed state court action by city and borough against debtor be transferred to bankruptcy court where debtor originally filed its case?
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Court
:
- 28 U.S.C.
Smith v. Quiznos Master LLC (In re Bouley)
Nov
27
2013
Ruling
Trustee's proceeding against debtor's franchisors transferred to state with significant relationship to underlying agreement.
Issue(s)
Should trustee's proceeding against debtor's franchisors be dismissed or transferred to venue specified in franchise agreement?
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Court
:
- 28 U.S.C.
Construction Date Solutions LLC v. Grant (In re Grant)
Aug
19
2013
Ruling
Transfer of venue denied where forum non conveniens was not established.
Issue(s)
Should venue of adversary proceeding be changed to district where debtor formerly lived and conducted business with creditor.
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Court
:
- 28 U.S.C.
In re Municipal Corr. LLC
Dec
28
2012
Ruling
Venue transferred where only connection to filing district was location of debtor's incorporation.
Procedural posture
In this chapter 11 case, a creditor filed a motion to transfer venue under 28 U.S.C.S. § 1412 from the District of Nevada to the Middle District of Georgia.
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Court
:
- 28 U.S.C.
In re Honeycutt
Dec
21
2012
Ruling
Transfer of venue denied where debtor's principal place of business was within district.
Procedural posture
Debtor's ex-spouse, the largest unsecured creditor in the case, filed a motion contending that venue was improper in the Eastern District of North Carolina pursuant to 28 U.S.C.S. §§ 1408, 1406, and sought an order transferring the case to the Western District of North Carolina, or dismissal pursuant to Fed. R. Bankr. P. 1014(a)(2). If venue was proper, she maintained the case should be transferred pursuant to 28 U.S.C.S. § 1412. Debtor objected.
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Court
:
- 28 U.S.C.
In re Boerderji de Veldhoek LLC
Oct
25
2012
Ruling
Venue changed to district where debtor's dairy farm was located.
Procedural posture
Debtors, an LLC and two individuals, filed separate cases under chapter 12 of the Bankruptcy Code in the Northern District of New York, and a bank that held claims against the debtors' bankruptcy estates filed a motion to change the venue of both cases to the Northern District of Iowa or, in the alternative, for relief from the automatic stay. The debtors opposed the bank's motion.
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Court
:
- 28 U.S.C.
In re Lucas
Oct
19
2012
Ruling
Venue transferred to district where most of creditors were located.
Procedural posture
Creditors, invoking 28 U.S.C.S. § 1404(a) and 28 U.S.C.S. § 1412, sought to transfer venue in debtor's chapter 11 case from the within district (District 1), which was the situs of debtor's residence and his current business ventures, to a different district (District 2), alleged to be the situs of most of debtor's creditors and of a dispute underlying movants' state court suit against debtor. Debtor opposed transfer on various grounds.
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Court
:
- 28 U.S.C.
Apperson v. Old Fort Banking Co. (In re Batt)
Oct
05
2012
Ruling
Venue of adversary proceeding transferred to district where debtor, creditors and witnesses resided and local law controlled for convenience of parties.
Procedural posture
Chapter 11 trustee filed a complaint against defendant creditors seeking, inter alia, to recover alleged preferences, fraudulently conveyed property, and post-petition transfers. The creditors each filed a motion to transfer venue from the Western District of Kentucky to the Northern District of Ohio pursuant to 28 U.S.C.S. § 1412 and Fed. R. Bankr. P. 7087. The trustee opposed the motions.
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Court
:
- 28 U.S.C.
In re Silicon Valley Innovation Co.
Aug
30
2012
Ruling
Transfer of venue to district where debtor was domiciled due to failure to maintain office in current district within 180 days of petition date.
Procedural posture
Movant creditor sought to dismiss the chapter 11 bankruptcy case of debtor, pursuant to 11 U.S.C.S. §§ 305(a) and 1112(b), or, alternatively, to dismiss or transfer the case due to improper venue. The debtor also moved to convert its chapter 11 case to a chapter 7 case.
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Court
: