§ 1410. Venue of cases ancillary to foreign proceedings

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.

1. 1984

   Pub. L. 98–353 title I § 102(a) · 98 Stat. 333

   Enacted · 28 U.S.C. § 1410

   Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 335

   Source evidence

   Code source credit
   Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 335

   Enacted 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.”.

2. 2005

   Pub. L. 109–8 title VIII § 802(c)(4) · 119 Stat. 23

   Amended · 28 U.S.C. § 1410

   Pub. L. 109–8 amended section generally. Prior to amendment, section related to venue of cases commenced under section 304 of title 11

   Source evidence

   Code amendment note
   Pub. L. 109–8 amended section generally. Prior to amendment, section related to venue of cases commenced under section 304 of title 11.

   Enacted provision · exact public law section
   (4) Venue of cases ancillary to foreign proceedings.— Section 1410 of title 28, United States Code, is amended to read as follows: “§ 1410. Venue of cases ancillary to foreign proceedings   “A case under chapter 15 of title 11 may be commenced in the district court of the United States for the district— “(1) in which the debtor has its principal place of business or principal assets in the United States; “(2) if the debtor does not have a place of business or assets in the United States, in which there is pending against the debtor an action or proceeding in a Federal or State court; or “(3) in a case other than those specified in paragraph (1) or (2), in which venue will be consistent with the interests of justice and the convenience of the parties, having regard to the relief sought by the foreign representative.” .

   Effective date note
   Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, 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.

2 of 2 references resolved to an enrolled provision