§ 1409(b)

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

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

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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