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28 U.S.C. § 1656 — Creation of new district or division or transfer of territory; lien enforcement
Federal law — U.S. Code and appendices · legal_authorities
The creation of a new district or division or the transfer of any territory to another district or division shall not affect or divest any lien theretofore acquired in a district court upon property within such district, division or territory.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1656-creation-of-new-district-or-division-or-transfer-of-territory-lien-enfor--633b565e76.md
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Source location: Title 28, Chapter 111, § 1656; chapter-111-general-provisions.md
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The creation of a new district or division or the transfer of any territory to another district or division shall not affect or divest any lien theretofore acquired in a district court upon property within such district, division or territory.
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
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Federal law — U.S. Code and appendices · legal_authorities
Actions or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the action or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct.
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Federal law — U.S. Code and appendices · legal_authorities
Page 440
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1652
Civil Procedure abolishing such writ. The revised sec-
tion is expressive of the construction recently placed
upon such section by the Supreme Court in U.S. Alkali
Export Assn. v. U.S., 65 S.Ct. 1120, 325 U.S. 196, 89 L.Ed.
1554, and De Beers Consol. Mines v. U.S., 65 S.Ct. 1130, 325
U.S. 212, 89 L.Ed. 1566.
1949 ACT
This section corrects a grammatical error in sub-
section (a) of section 1651 of title 28, U.S.C.
Editorial Notes
AMENDMENTS
1949—Subsec. (a). Act May 24, 1949, inserted ‘‘and’’
after ‘‘jurisdictions’’.
Statutory Notes and Related Subsidiaries
WRIT OF ERROR
Act Jan. 31, 1928, ch. 14, § 2, 45 Stat. 54, as amended
Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646,
§ 23, 62 Stat. 990, provided that: ‘‘All Acts of Congress
referring to writs of error shall be construed as amend-
ed to the extent necessary to substitute appeal for writ
of error.’’
§ 1652. State laws as rules of decision
The laws of the several states, except where
the Constitution or treaties of the United States
or Acts of Congress otherwise require or provide,
shall be regarded as rules of decision in civil ac-
tions in the courts of the United States, in cases
where they apply.
(June 25, 1948, ch. 646, 62 Stat. 944.)
HISTORICAL REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 725 (R.S. § 721).
‘‘Civil actions’’ was substituted for ‘‘trials at com-
mon law’’ to clarify the meaning of the Rules of Deci-
sion Act in the light of the Federal Rules of Civil Pro-
cedure. Such Act has been held to apply to suits in eq-
uity.
Changes were made in phraseology.
§ 1653. Amendment of pleadings to show jurisdic-
tion
Defective allegations of jurisdiction may be
amended, upon terms, in the trial or appella
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