- 28 U.S.C.
Zazzali v. 1031 Exch. Group (In re DBSI Inc.)
Aug
14
2012
Ruling
Bankruptcy court declined to transfer venue of adversary proceeding out of district where bankruptcy and other adversary proceedings were pending.
Procedural posture
Plaintiff, a litigation trustee for the chapter 11 debtors' estate litigation trust, filed an amended complaint against defendants asserting causes of action for, inter alia, the avoidance and recovery of alleged fraudulent transfers under 11 U.S.C.S. §§ 544, 548, 550, and 551 and under Idaho state law. Certain defendants filed a motion to transfer venue pursuant to 28 U.S.C.S. § 1412.
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Court
:
- 28 U.S.C.
In re Alcorn Corp.
Jul
20
2012
Ruling
Dismissal or transfer of venue denied where debtor operated out of office in chosen district despite frequent trips to Puerto Rico.
Procedural posture
A creditor filed a motion to dismiss a chapter 11 debtor's bankruptcy case for lack of venue or, in the alternative, to transfer the bankruptcy case to the District of Puerto Rico pursuant to 28 U.S.C.S. § 1412.
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Court
:
- 28 U.S.C.
In re K5 Global Inc.
Jun
01
2012
Ruling
Transfer to district where related entity's bankruptcy case was pending denied.
Procedural posture
A bankruptcy debtor sought joint administration of its bankruptcy case with the case of a related entity which had a bankruptcy case pending in another district. The debtor moved to transfer the debtor's case to the district where the related entity's case was pending.
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Court
:
- 28 U.S.C.
In re Palmer Lake Plaza LLC
Apr
16
2012
Ruling
Change of venue granted where assets, creditors, witnesses and debtor LLC's sole member all were located in another district.
Procedural posture
A creditor filed a motion to transfer venue under 28 U.S.C.S. § 1412 or in the alternative, to dismiss the case.
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Court
:
- 28 U.S.C.
In re Qualtec Inc.
Feb
16
2012
Ruling
Venue transferred to state where debtors were organized and headquartered and where most creditors were located.
Procedural posture
Creditor bank filed a motion to transfer venue of the jointly administered chapter 11 cases to the United States Bankruptcy Court for the Northern District of Illinois, based on the convenience of the parties and the interests of justice, pursuant to 28 U.S.C.S. § 1412 and Fed. R. Bankr. P. 1014(a).
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Court
:
- 28 U.S.C.
In re Red Door Prop. Mgmt. LLC
Nov
16
2011
Ruling
Under Title 11.
Procedural posture
Pursuant to 28 U.S.C.S. §§ 1408 and 1412 and Fed. R. Bankr. P. 1014, a creditor filed a motion for transfer of a debtor in possession's chapter 11 bankruptcy proceeding to the U.S. Bankruptcy Court for the Eastern District of Louisiana. The creditor claimed that venue in the Southern District of Mississippi was not proper or convenient. The debtor opposed the motion.
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Court
:
- 28 U.S.C.
Brown v. Fargo
Nov
03
2011
Ruling
Case regarding refinance and distribution of funds transferred as related to debtor's bankruptcy.
Procedural posture
Plaintiff debtor sued defendants, including the holder of a home loan promissory note, in North Carolina state court for breach of contract and other claims. The note holder removed the action. After the debtor filed a bankruptcy petition, the holder moved to transfer venue pursuant to 28 U.S.C.S. § 1404(a).
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Court
:
- 28 U.S.C.
In re Rehobeth Hospitality LP
Oct
19
2011
Ruling
Venue transferred due to location of majority of creditors, debtor's employees and investors in transferee forum.
Procedural posture
Movant, the holder of mortgages on a hotel that was the primary asset of debtor, a mortgagee that had defaulted on its obligations and had thereafter filed a chapter 11 case, asked the court to transfer venue from the current court (transferor forum) to the Northern District of Texas (transferee forum) pursuant to 28 U.S.C.S. § 1412. Debtor objected to transfer and asked the court to deny the motion.
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Court
:
- 28 U.S.C.
Giuliano v. Harko Inc. (In re NWL Holdings Inc.)
Feb
24
2011
Ruling
Transferee's motion to transfer venue of avoidance proceeding denied.
Procedural posture
Trustee brought an adversary proceeding against defendant transferee of funds from a bankruptcy debtor seeking to avoid the pre-petition transfers as preferential. The transferee moved to dismiss the action for lack of personal jurisdiction and improper venue, or to transfer the action from Delaware to New York under 28 U.S.C.S. § 1412.
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Court
:
- 28 U.S.C.
Petersen v. Bauer (In re Bauer)
May
12
2010
Ruling
Adversary proceeding transferred to district where all creditors and several material witnesses resided and where contracts at issue were executed.
Procedural posture
Plaintiff creditors brought an adversary proceeding seeking judgments representing amounts allegedly owed by the debtors arising from construction work done by the debtor's company on the creditors' homes. The creditors also sought a determination that the judgments were nondischargeable under 11 U.S.C.S. § 523(a) and filed a motion to transfer the case to the District of Oregon pursuant to 28 U.S.C.S. § 1412.
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Court
: