- 28 U.S.C.
In re Rogan
Mar
11
2010
Ruling
Transfer of venue to district where case related to debtor's rights in property was pending denied.
Procedural posture
Creditors moved to transfer venue of a bankruptcy debtor's chapter 11 bankruptcy case to an adjacent district where a district court collection proceeding was pending with regard to misconduct of the debtor's spouse which was related to the bankruptcy debtor's rights in property.
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Court
:
- 28 U.S.C.
Dwight v. TitleMax of Tenn. Inc.
Jan
21
2010
Ruling
State class action removed and transferred to district court where defendant's bankruptcy was pending.
Procedural posture
Plaintiffs, borrowers, initiated a state action against defendant corporation and sought damages under Tenn. Code Ann. § 45-15-111, § 45-2-210, and § 47-18-101 et seq. The borrowers were granted class action certification. The corporation filed a notice of filing of bankruptcy in the state action and a notice of removal under 28 U.S.C.S. §§ 1334, 1446, 1452, and 157(e). The corporation sought to transfer the matter. The borrowers moved to remand.
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Court
:
- 28 U.S.C.
In re Pilgrims Pride Corp.
Sep
10
2009
Ruling
Debtor's motion for estimation of Fair Labor Standards Act claim transferred to district court where the underlying action was pending.
Procedural posture
Plaintiff claimants filed a motion seeking transfer of claims they filed against chapter 11 debtors' bankruptcy estates to the U.S. District Court for the Western District of Arkansas, El Dorado Division. The debtors joined the claimants' motion.
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Court
:
- 28 U.S.C.
Creekridge Capital LLC v. Louisiana Hosp. Ctr. LLC
Aug
20
2009
Ruling
Action for default under medical equipment lease transferred to district court where related bankruptcy of one defendant was pending.
Procedural posture
Plaintiff, a Minnesota company that leased medical equipment, sued defendants, two Louisiana, and one Kansas, hospital corporations and individual doctor/guarantors, in state court claiming that defendants were in default on an agreement to lease medical equipment and that defendants had not cured the default. Defendants removed the action and moved to transfer it to the District of Louisiana.
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Court
:
- 28 U.S.C.
In re Lawrence & Assocs. LLC
Jul
02
2009
Ruling
Bankruptcy case transferred to district court where debtor's LLC managed hundreds of properties and employees.
Procedural posture
Pursuant to 28 U.S.C.S. § 1412 and Fed. R. Bankr. P. 1014(b), movants, prospective unsecured creditors, filed a motion requesting that the court transfer debtors' individual bankruptcy case, filed Bankruptcy Court for the Eastern District of New York, to the District of Idaho where the debtors' limited liability company (LLC) had previously filed a petition for relief under chapter 7 of the Bankruptcy Code.
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Court
:
- 28 U.S.C.
Longhorn Partners. Pipeline LP v. KM Liquids Terminals LLC
Jun
30
2009
Ruling
Transfer of venue of dispute over pipeline to state where owner had filed bankruptcy denied where current venue was most convenient.
Procedural posture
Plaintiff pipeline owner brought suit against defendant terminal operator in state court. The pipeline owner sought damages and a declaratory judgment clarifying the parties' rights and obligations under their contract. The terminal operator removed the case to the instant court. The pipeline owner then filed a motion to transfer venue to the District Court for the District of Delaware, the district where its bankruptcy was pending.
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Court
:
- 28 U.S.C.
Manchester Inc. v. Lyle (In re Manchester Inc.)
Jun
01
2009
Ruling
Avoidance proceeding transferred pursuant to forum selection clause in contract with transferee.
Procedural posture
Debtor and litigation trustee filed an adversary proceeding against car business sellers, alleging, inter alia, breach of contract and seeking avoidance and recovery of transfers pursuant to 11 U.S.C.S. §§ 544(a), 547, and 548. Relying on 28 U.S.C.S. §§ 1404 or 1406, the sellers moved to dismiss or transfer the adversary proceeding to another judicial district pursuant to a forum selection clause in the parties' contracts.
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Court
:
- 28 U.S.C.
MD Acquisition LLC v. Myers
Feb
23
2009
Ruling
Action for rescission of stock purchase agreement transferred to bankruptcy court as related to pending case.
Procedural posture
Plaintiffs, a debtor and its purchaser, filed a motion to transfer to the bankruptcy court their complaint for recission of a stock purchase agreement or, in the alternative, damages for state law claims. Defendant employee filed a motion for permissive and mandatory abstention under 28 U.S.C.S. § 1334(c)(1) and (2) and equitable remand to the state court.
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Court
:
- 28 U.S.C.
In re Jessop
Feb
13
2009
Ruling
Transfer, rather than dismissal, ordered where debtor had lived in another state for ten months prior to filing.
Procedural posture
A U.S. Trustee sought to dismiss or transfer venue because the debtors filed their case in Utah when they had admittedly been living in Arizona for the ten months prior to filing. The debtors sought to have venue transferred rather than the case dismissed for improper venue. In its proposed findings and conclusions, a bankruptcy court recommended the transfer.
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Court
:
- 28 U.S.C.
Schultz Douglass Farms LLC v. XC Networks Ltd.
Jan
08
2009
Ruling
Case transferred to district where bankruptcies of two defendants were pending.
Procedural posture
After a case was removed from state court to federal district court, defendant Texas corporation moved to transfer the case to the U.S. District Court for the Northern District of Texas, Dallas Division. The Texas corporation claimed that the bankruptcy court of that district had jurisdiction because it presided over the bankruptcy proceedings filed by two other defendants in the case. Plaintiff limited liability corporation did not respond.
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Court
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