§ 1409

Maes, In re

Ruling: 
Debtor’s daughter could file petition on her behalf due to dementia and severe memory loss.(Bankr. D. Colo.)
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Commercial case opionion summary, case decided on May 22,2020, LexisNexis #0720-022

Lehman Bros. Holdings Inc., In re--Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC

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.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-119

Angola Healthcare LLC v. Fincannon (In re Angola Healthcare LLC)

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.
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Commercial case opionion summary, case decided on April 07,2016, LexisNexis #0616-033

Ross v. Buckles (In re Skyline Manor Inc.)

Ruling: 
Dismissal of adversary proceedings for improper venue denied as proceedings were properly brought in district where related bankruptcy was pending.
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Commercial case opionion summary, case decided on December 18,2015, LexisNexis #0116-070

In re Baca

A chapter 13 trustee filed a notice of final cure payment under Fed. R. Bankr. P. 3002.1(f). The creditor responded, indicating that postpetition amounts remained due. The parties stipulated that the creditor's proof of claim was secured by the debtors' principal residence. The debtors orally moved that the creditor be estopped from later claiming any postpetition arrearages under the mortgage in excess of the amount specified in its response.
Ruling: 
Creditor estopped from claiming prepetition amounts beyond those in its response to chapter 13 trustee's notice of final cure payment.
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Consumer case opionion summary, case decided on December 20,2012, LexisNexis #0113-063

Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)

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.
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.
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Commercial case opionion summary, case decided on October 24,2011, LexisNexis #1211-100

Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.)

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).
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.
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Commercial case opionion summary, case decided on October 07,2011, LexisNexis #0112-067

N1 Creditors Trust v. Crown Packaging Corp. (In re Nukote Intl Inc.)

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).
Ruling: 
Small-dollar home court venue exception applied to non-consumer, non-insider preference proceeding between creditors' trust and corporation.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-030

DynAmerica Mfg. LLC v. Johnson Oil Co. LLC (In re DynAmerica Mfg. LLC)

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).
Ruling: 
Proceeding for avoidance of small claim dismissed as not brought in venue where creditor resided.
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Commercial case opionion summary, case decided on May 10,2010, LexisNexis #0710-064

Miller v. Hirn (In re Raymond)

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).
Ruling: 
Venue of preference proceeding was proper where debt was not consumer and transferee was an insider of debtor.
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Consumer case opionion summary, case decided on June 16,2009, LexisNexis #0909-099
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