28 U.S.C. § 1408
Venue of cases under title 11
A prior section 1408, added by Pub. L. 95–598, title II, § 240(a),
Section effective
Notes of Decisions
Cited in 2,155
cases (804 in the last 5 years), 1957–2026 · leading case: In Re Enron Corp.
In Re Enron Corp. (2002)
“28 U.S.C. § 1408 provides that 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…”
In Re FRG, Inc. (1989)
“Frederick Blumberg, a creditor of three of these Debtors, seeks an order transferring all of these jointly administered Chapter 11 cases to the Eastern District of Pennsylvania pursuant to 28 U.S.C. §§ 1408 and 1412 and Rule 1014(a)(2) of the Bankruptcy Rules.”
In Re Jordan (2004)
“Jordan asserts here that case venue is appropriate in the Western District of Tennessee at Memphis, but even if it is not technically proper as contemplated under 28 U.S.C. § 1408 , nonetheless the court under the totality of the existing facts and circumstances and applicable…”
Matter of Sporting Club at Illinois Center (1991)
“VENUE UNDER 28 U.S.C. § 1408 Counsel for the Clubs first contend that venue is proper in the Northern District of Georgia for the Illinois and Boca Raton Clubs under 28 U.”
Montana v. Blixseth (In Re Blixseth) (2012)
“” The OSC 16 required the petitioning creditors to present admissible evidence 17 sufficient to support a finding that venue in Nevada complied 18 with 28 U.S.C. § 1408 . That statute provides in pertinent part 19 that: 20 [A] case under title 11 may be commenced in the district…”
Thompson v. Greenwood (2007)
“This case presents a single issue on appeal: whether a bankruptcy court may retain a case filed in an improper venue under 28 U.S.C. § 1408 over a timely objection by an interested party, if it determines that retention is in the interests of justice or for the convenience of…”
In Re Urban (2007)
“Venue is appropriate pursuant to 28 U.S.C. § 1408 . Both the Trustee and the United States filed briefs in support of their respective positions on July 13, 2006, and August 1, 2006, respectively, and the Trustee filed a supplemental response to the United State’s brief on…”
In Re Segno Communications, Inc. (2001)
“DISCUSSION Segno objects that Illinois is not the proper venue for Creditors’ petition because: (1) under 28 U.S.C. § 1408 (1) venue for cases involving corporate debtors must be determined only by looking at the debt- or’s principal place of business, and Seg-no’s principal…”
HSBC Bank USA v. Handel (In Re Handel) (2000)
“For the reasons discussed below we hold that based upon residence, in the context of 28 U.S.C. § 1408 , New York is the only venue available to the Debtor, on the facts of this case.”
In Re 1606 New Hampshire Avenue Associates (1988)
“§ 1412 , even though we find that proper venue exists in this court pursuant to 28 U.S.C. § 1408 . However, having heard evidence on Cavalier’s motion on testimony presented for three days in our court, we believe that conservation of judicial resources is best served by our…”
Donald v. Curry (In Re Donald) (2005)
“” The trustee announced an intention to object to venue and, three days later, filed an objection to plan confirmation on the grounds of improper venue under 28 U.S.C. § 1408 (1) and of plan infeasibility under 11 U.”
Blagg v. Miller (In Re Blagg) (1998)
“The governing statute is found at 28 U.S.C. § 1408 , entitled "Venue of cases under title 11," which provides in pertinent part: [A] case under title 11 may be commenced in the district court for the district (1) in which the domicile, residence, [or] principal place of…”
— 28 U.S.C. § 1408(1) — 3 cases
In Re Long (2012)
Genever Holdings LLC (2022)
Genever Holdings LLC (2022)
— 28 U.S.C. § 1408(2) — 2 cases
Genever Holdings LLC (2022)
Genever Holdings LLC (2022)
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