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

28 U.S.C. § 1410

Venue of cases ancillary to foreign proceedings

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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.(Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 335; amended Pub. L. 109–8, title VIII, § 802(c)(4), Apr. 20, 2005, 119 Stat. 146.)Editorial NotesAmendments

2005—Pub. L. 109–8 amended section generally. Prior to amendment, section related to venue of cases commenced under section 304 of title 11.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 66 cases (13 in the last 5 years), 1985–2026 · leading case: Haarhuis v. Kunnan Enter., Ltd., 177 F.3d 1007 (D.C. Cir. 1999).
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Haarhuis v. Kunnan Enter., Ltd., 177 F.3d 1007 (D.C. Cir. 1999). · cites it 6× “We do not read either of these cases as addressing the jurisdictional issue before us in this case but rather the venue requirements in 28 U.S.C. § 1410 . 28 U.S.C. § 1410 (a) provides that a "case under section 304 of title 11 to enjoin the commencement or continuation of an…”
Petition of Brierley, 145 B.R. 151 (Bankr. S.D.N.Y. 1992). · cites it 4× “Just as there is little reason to exclude a foreign debtor ineligible for chapter 11 relief from being the subject of an ancillary proceeding, there is equally little reason to exclude an entity ineligible to be a debtor under our laws from being the subject of an ancillary…”
Drawbridge Special Opportunities Fund LP v. Barnet, 737 F.3d 238 (2d Cir. 2013). · cites it 2× “§ 1528 and 28 U.S.C. § 1410 . Section 1528 states that “[a]fter recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States.”
In Re Bd. of Directors of Hopewell Int'l Ins., 275 B.R. 699 (S.D.N.Y. 2002). · cites it 3× “§ 304 are set forth in 28 U.S.C. § 1410 , which contains three subsections.”
In re Suntech Power Holdings Co., 520 B.R. 399 (Bankr. S.D.N.Y. 2014). · cites it 3× “The dispute regarding recognition centers on three issues: (1) is the Debtor eligible to be a debtor under Bankruptcy Code § 109(a); (2) is venue proper in this district under 28 U.S.C. § 1410 ; and (3) is the Cayman Islands the Debtor’s center of main interests (“COMI”)?…”
Metzeler v. Bouchard Transp. Co. (In Re Metzeler), 78 B.R. 674 (Bankr. S.D.N.Y. 1987). · cites it 4× “§§ 1334 ,157 and venue is claimed pursuant to 28 U.S.C. § 1410 . Nowhere is it asserted that Uni-Petrol has leviable property in the United States.”
In Re Bd. of Directors of Hopewell Int'l Ins., 238 B.R. 25 (Bankr. S.D.N.Y. 1999). · cites it 5× “This is said to be so because the action whose commencement Hopewell seeks to enjoin can only be asserted by Gold Medal in Minnesota, thereby restricting Hopewell’s choice of venue to Minnesota pursuant to 28 U.S.C. § 1410 (a). Hopewell takes the contrary position, arguing that…”
Evans v. Hancock, Rothert & Bunshoft (In Re Petition of Evans), 177 B.R. 193 (Bankr. S.D.N.Y. 1995). · cites it 8× “Venue Under 28 U.S.C. § 1410 Section 1410 governs the venue of an ancillary proceeding, and Hancock bases its motion on the “plain meaning” of this statute.”
In Re Abc Learning Centres Ltd., 445 B.R. 318 (Bankr. D. Del. 2011). · cites it 2× “Venue is proper in this Court under 28 U.S.C. § 1410 . The Debtors’ petition for recognition of a foreign proceeding is a core proceeding pursuant to 28 U.”
Lipshie v. AM Cable TV Indus., Inc. (In Re Geauga Trenching Corp.), 110 B.R. 638 (Bankr. E.D.N.Y. 1990). · cites it 3× “§ 1408 , 11 28 U.S.C. § 1410 , 12 28 U.S.C. *651 § 1409, and, 28 U.”
In re Ocean Rig UDW Inc., 570 B.R. 687 (Bankr. S.D.N.Y. 2017). “The venue requirement in 28 U.S.C. § 1410 to maintain these chapter 15 cases in the Southern District of New York is satisfied.”
In re Berau Capital Resources Pte Ltd., 540 B.R. 80 (Bankr. S.D.N.Y. 2015). · cites it 2× “The venue statute for chapter 15 cases, 28 U.S.C. § 1410 , permits a chapter 15 case to be filed in a district in which the debtor has its principal place of business or principal assets; and absent a place of business or assets, in a district in which there is an action or…”
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— 28 U.S.C. § 1410(b) — 1 case
In Re Banco De Descuento, 78 B.R. 337 (Bankr. S.D. Florida 1987).
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.