28-U.S.C.-1409
§1409 – Venue of Proceedings Arising Under Title 11 Or Arising In Or Related to Cases Under Title 11
Pathway
Title 28 > Part IV > Chapter 87 > Section 1409
Details
- Reference: Section 1409
- Legend: §1409 – Venue of Proceedings Arising Under Title 11 Or Arising In Or Related to Cases Under Title 11
- USCode Year: 2013
Provision Content
(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 or a consumer debt of less than $15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000, 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.)
Adjustment of Dollar Amounts
For adjustment of certain dollar amounts specified in this section, that is not reflected in text, see Adjustment of Dollar Amounts note below.
Amendments
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.
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.
Adjustment 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 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. See notice of the Judicial Conference of the United States set out as a note under section 104 of Title 11.
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.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1405 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1405, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1402 in the Legal Encyclopedia: Jurisdiction
In this entry about 28-U.S.C.-1402, find legal reference material, bibliographies and premiere content related to jurisdiction in the American Encyclopedia of Law, presenting a comprehensive view of the United States jurisdiction-specific issues, written by authorities in the field.
28-U.S.C.-1365 in the Legal Encyclopedia: District Courts
In this entry about 28-U.S.C.-1365, find legal reference material, bibliographies and premiere content related to district courts in the American Encyclopedia of Law, presenting a comprehensive view of the United States district courts-specific issues, written by authorities in the field.
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