Browse Arkansas Code titles and sections
28 U.S.C. § 1410 — Venue of cases ancillary to foreign proceedings
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1410
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 7c34e5472731ca395c9c8213e49749d148995cc9b6ce93f323d3cb94b524291c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_574eed9dbe5bdf4adfd20c16
Source file: Laws/federal/codes/united-states-code/title-28/section-1410-venue-of-cases-ancillary-to-foreign-proceedings--710daeef57.md
Pages: Not recorded – Not recorded
Passage SHA-256: 4d948e0b3284eeacaf9603d2782e862d09816f685b49a48a6f161ce0d0bed305
Source location: Title 28, Chapter 87, § 1410; chapter-087-district-courts-venue.md
Stored source content
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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2560, related to cases ancillary to foreign proceedings.
#### Effective Date of Repeal
Repeal effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 304
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bankruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, except as otherwise provided by law or by rule or order of the district court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 151
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 1410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1410&num=0&edition=prelim), a case under title 11 may be commenced in the district court for the district—
(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or
(2) in which there is pending a case under title 11 concerning such person’s affiliate, general partner, or partnership.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1408
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 394
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1410
$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 ap-
plicable nonbankruptcy venue provisions, the
debtor or creditors, as the case may be, may
have commenced an action on which such pro-
ceeding 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 aris-
ing 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 rep-
resentative of the estate in such case in the dis-
trict court for the district where the State or
Federal court sits in which the party com-
mencing 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, 20
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1410
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.