U.S. Code » Title 28 » Part PART IV— JURISDICTION AND VENUE › Chapter CHAPTER 87— DISTRICT COURTS; VENUE

28 U.S.C. § 1409

Venue of proceedings arising under title 11 or arising in or related to cases under title 11

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 28 CasesGoogle Scholar
(a) 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.(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 11 See Adjustment of Dollar Amounts notes below. 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.(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 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.(Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 334; amended Pub. L. 109–8, title IV, § 410, Apr. 20, 2005, 119 Stat. 106; Pub. L. 116–54, § 3(b), Aug. 23, 2019, 133 Stat. 1085.)Editorial NotesAmendments

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 SubsidiariesEffective Date of 2019 Amendment

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.

Effective Date of 2005 Amendment

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.

Effective Date

Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.

Court Rules and Judicial DocumentsAdjustment 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 Jan. 30, 2025, 90 F.R. 8941, effective Apr. 1, 2025, 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 Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, 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 Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, 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 Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, 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 Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, 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 Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, 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 Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, 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.

Notes of Decisions
Cited in 1,988 cases (506 in the last 5 years), 1984–2026 · leading case: Klein v. ODS Techs., LP (In re J & J Chem., Inc.), 596 B.R. 704 (Bankr. D. Idaho 2019).
Sort: Relevance Newest Treatment
Klein v. ODS Techs., LP (In re J & J Chem., Inc.), 596 B.R. 704 (Bankr. D. Idaho 2019). · cites it 47× “In relevant part, the venue statute provides: (a) 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. (b) Except as…”
Moyer v. Bank of Am., N.A. (In Re Rosenberger), 400 B.R. 569 (Bankr. W.D. Mich. 2008). · cites it 17× “Relying on 28 U.S.C. § 1409 (b), the Bank argues that the Trustee’s complaint involves a matter “arising in” a bankruptcy case involving less than $10,950 and that, therefore, venue lies only with the “district court for the district in which the defendant resides.”
Cont'l Air Lines, Inc. v. Hillblom (In Re Cont'l Air Lines, Inc.), 61 B.R. 758 (S.D. Tex. 1986). · cites it 10× “Appellee argues, on the other hand, that the venue provisions established by 28 U.S.C. § 1409 (d) have no relevance to the dispute between the parties, or, if they do, that its causes of action against Appellants arose in Texas where the proceedings were filed.”
Schwab v. Peddinghaus Corp. (In Re Excel Storage Prods., L.P.), 458 B.R. 175 (Bankr. M.D. Penn. 2011). · cites it 29× “First, that venue is improper because the action is for a business debt less than the threshold amount in 28 U.S.C. § 1409 (b); therefore, it argues venue is only proper in the Central District of Illinois where it resides.”
Redmond v. Gulf City Body & Trailer Works, Inc. (In Re Sunbridge Capital, Inc.), 454 B.R. 166 (Bankr. D. Kan. 2011). · cites it 14× “’s (hereafter “Defendant”) Motion to Dismiss (hereafter “Motion”) for improper venue under 28 U.S.C. § 1409 (b). The Trustee appears by Michael D.”
Cotton v. Shirah (In Re All Am. of Ashburn, Inc.), 49 B.R. 926 (Bankr. N.D. Ga. 1985). · cites it 11× “The applicable statute concerning the venue of bankruptcy proceedings is 28 U.S.C. § 1409 . The general venue provision is 28 U.”
Bank of Am., N.A. v. Wilmington Trust FSB, 943 F. Supp. 2d 417 (S.D.N.Y. 2013). · cites it 3× “See 28 U.S.C. § 1409 (a) (“[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.”
Cano v. GMAC Mortg. Corp. (In Re Cano), 410 B.R. 506 (Bankr. S.D. Tex. 2009). · cites it 4× “Venue is proper in this District pursuant to 28 U.S.C. § 1409 . This is a core proceeding under § 157(b)(2).”
Bank United v. Manley, 273 B.R. 229 (N.D. Ala. 2001). · cites it 4× “Venue in bankruptcy proceedings is controlled by 28 U.S.C. § 1409 . Subsection 1409(a) provides that “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.”
Irwin v. Beloit Corp. (In Re Harnischfeger Indus., Inc.), 246 B.R. 421 (Bankr. N.D. Ala. 2000). · cites it 6× “§ 1408 ) or a bankruptcy “proceeding” (governed by 28 U.S.C. § 1409 ). The distinction between a bankruptcy “case” and a bankruptcy “proceeding” is easily explained.”
Off. Comm. of Unsecured Creditors of Grumman Olson Indus., Inc. v. McConnell (In Re Grumman Olson Indus., Inc.), 329 B.R. 411 (Bankr. S.D.N.Y. 2005). · cites it 3× “# 39)) I agree, and conclude that under the doctrine of pendent venue, the Court may retain the fraudulent transfer claims.”
N1 Creditors' Trust v. Crown Packaging Corp. (In Re Nukote Int'l Inc.), 457 B.R. 668 (Bankr. M.D. Tenn. 2011). · cites it 12× “The issue is whether the small-dollar home court venue exception in 28 U.S.C. § 1409 (b) applies to this preference action.”
Show all 1,988 citing cases →
— 28 U.S.C. § 1409(a) — 3 cases
Dev. Specialists, Inc. ex rel. Irving/Prime Creditors' Trust v. Kaplan (In re Irving Tanning Co.), 555 B.R. 70 (Bankr. D. Me. 2016).
McGee v. Denham Holdings, L.L.C., 214 So. 3d 8 (La. Ct. App. 2017).
Est. of Cheryl M. Shega v. Stephen Patrick Craig, Laura Stephanie Craig (Bankr.D. Colo. 2026).
— 28 U.S.C. § 1409(d) — 1 case
Harker v. Wells Fargo Bank, NA (In Re Krause), 414 B.R. 243 (Bankr. S.D. Ohio 2009).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.