Title 28 — Judiciary and Judicial Procedure
Part IV · Chapter 87 — District Courts; Venue
§ 1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11
Statutory text
Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending.
Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 1 or a consumer debt of less than $15,000,1 or a debt (excluding a consumer debt) against a noninsider of less than $25,000, only in the district court for the district in which the defendant resides.
Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the district court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced.
A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought.
A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending.
Footnotes
- 1 See Adjustment of Dollar Amounts notes below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–353 title I § 102(a) · 98 Stat. 333
Enacted · 28 U.S.C. § 1409
Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 334
Source evidence
Code source credit
Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 334Enacted provision · exact public law section
(a) Chapter 87 of title 28, United States Code, is amended by adding at the end thereof the following new sections: “§ 1408. Venue of cases under title 11 Post, p. 335. 11 USC 101 et seq. “Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district— “(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or “(2) in which there is pending a case under title 11 concerning such person’s affiliate, general partner, or partnership. “§ 1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11 “(a) Except as otherwise provided in subsections (b) and (d), a 11 USC 101 et seq. proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending. “(b) Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 or a consumer debt of less than $5,000 only in the district court for the district in which the defendant resides. “(c) Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors 11 USC 541, 544. under section 541 or 544(b) of title 11 in the district court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced. “(d) A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought. “(e) A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending. “§ 1410. Venue of cases ancillary to foreign proceedings “(a) A case under section 304 of title 11 to enjoin the commencement 11 USC 304. or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment, may be commenced only in the district court for the district where the State or Federal court sits in which is pending the action or proceeding against which the injunction is sought. “(b) A case under section 304 of title 11 to enjoin the enforcement of a lien against a property, or to require the turnover of property of an estate, may be commenced only in the district court for the district in which such property is found. “(c) A case under section 304 of title 11, other than a case specified in subsection (a) or (b) of this section, may be commenced only in the district court for the district in which is located the principal place of business in the United States, or the principal assets in the United States, of the estate that is the subject of such case. “§ 1411. Jury trials “(a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an 11 USC 101 et seq. individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim. “(b) The district court may order the issues arising under section 303 of title 11 to be tried without a jury. 11 USC 303. § 1412. Change of venue “A district court may transfer a case or proceeding under title 11 11 USC 101 et seq. to a district court for another district, in the interest of justice or for the convenience of the parties.”.Pub. L. 109–8 title IV § 410 · 119 Stat. 23
Substituted · 28 U.S.C. § 1409(b)
Pub. L. 109–8 substituted “$15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,” for “$5,000”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–8 substituted “$15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,” for “$5,000”.Enacted provision · exact public law section
SEC. 410. VENUE OF CERTAIN PROCEEDINGS. Section 1409(b) of title 28, United States Code, is amended by inserting “, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,” after “$5,000”. Section 1409(b) of title 28, United States Code, is further amended by striking “$5,000” and inserting “$15,000”.Small Business Reorganization Act of 2019
Pub. L. 116–54 § 3(b) · 133 Stat. 1079
Substituted · 28 U.S.C. § 1409(b)
Pub. L. 116–54 substituted “$25,000” for “$10,000”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–54 substituted “$25,000” for “$10,000”.Enacted provision · exact public law section
(b) Venue of Certain Proceedings.— Section 1409(b) of title 28, United States Code, is amended by striking “$10,000” and inserting “$25,000”.Effective date note
Amendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of Title 11, Bankruptcy.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments2005–2019 · 2 rounds
2019
Subsec. (b). Pub. L. 116–54 substituted “$25,000” for “$10,000”.
2005
Subsec. (b). Pub. L. 109–8 substituted “$15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,” for “$5,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–54 effective 180 days after , see section 5 of Pub. L. 116–54, set out as a note under section 101 of Title 11, Bankruptcy.
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.
Effective Date
Section effective , see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.
Court Rules and Judicial Documents
Adjustment of Dollar Amounts
The dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to section 104 of Title 11, Bankruptcy, as follows:
By notice dated , 90 F.R. 8941, effective , and corrected at 90 F.R. 10643, in subsec. (b), dollar amounts “1,525”, “22,700”, and “27,750” were adjusted to “1,725”, “25,700”, and “31,425”, respectively. See notice of the Judicial Conference of the United States set out as a note under section 104 of Title 11.
By notice dated , 87 F.R. 6625, effective , in subsec. (b), dollar amounts “1,375”, “20,450”, and “25,000” were adjusted to “1,525”, “22,700”, and “27,750”, respectively.
By notice dated , 84 F.R. 3488, effective , in subsec. (b), dollar amounts “1,300”, “19,250”, and “12,850” were adjusted to “1,375”, “20,450”, and “13,650”, respectively.
By notice dated , 81 F.R. 8748, effective , in subsec. (b), dollar amounts “1,250”, “18,675”, and “12,475” were adjusted to “1,300”, “19,250”, and “12,850”, respectively.
By notice dated , 78 F.R. 12089, effective , in subsec. (b), dollar amounts “1,175”, “17,575”, and “11,725” were adjusted to “1,250”, “18,675”, and “12,475”, respectively.
By notice dated , 75 F.R. 8747, effective , in subsec. (b), dollar amounts “1,100”, “16,425”, and “10,950” were adjusted to “1,175”, “17,575”, and “11,725”, respectively.
By notice dated , 72 F.R. 7082, effective , in subsec. (b), dollar amounts “1,000”, “15,000”, and “10,000” were adjusted to “1,100”, “16,425”, and “10,950”, respectively. Pub. L. 116–54 subsequently substituted “25,000” for “10,000”, see 2019 Amendment note above.
Credits
1984–2019 · 3 acts
- 1984Added Pub. L. 98–353, title I, § 102(a), , 98 Stat. 334
- 2005amended Pub. L. 109–8, title IV, § 410, , 119 Stat. 106
- 2019Pub. L. 116–54, § 3(b), , 133 Stat. 1085.
Show as published
(Added Pub. L. 98–353, title I, § 102(a), , 98 Stat. 334; amended Pub. L. 109–8, title IV, § 410, , 119 Stat. 106; Pub. L. 116–54, § 3(b), , 133 Stat. 1085.)