1997 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART IV - JURISDICTION AND VENUE
CHAPTER 87 - DISTRICT COURTS; VENUE
Sec. 1409 - Venue of proceedings arising under title 11 or arising in or related to cases under title 11
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 3, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE Sec. 1409 - Venue of proceedings arising under title 11 or arising in or related to cases under title 11 |
Contains | section 1409 |
Date | 1997 |
Laws in Effect as of Date | January 26, 1998 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-353, title I, §102(a), July 10, 1984, 98 Stat. 334. |
Statutes at Large Reference | 98 Stat. 334 |
Public Law References | Public Law 98-353 |
§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 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 ,000 or a consumer debt of less than ,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.)
Effective DateSection effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.
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