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28 U.S.C. § 1408 — Venue of cases under title 11
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1408-venue-of-cases-under-title-11--8956ea8eac.md
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Source location: Title 28, Chapter 87, § 1408; chapter-087-district-courts-venue.md
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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.
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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.
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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
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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
Page 393
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1409
1 See Adjustment of Dollar Amounts notes below.
the panel to set a hearing and other orders of
the panel issued prior to the order either direct-
ing or denying transfer shall be filed in the of-
fice of the clerk of the district court in which a
transfer hearing is to be or has been held. The
panel’s order of transfer shall be based upon a
record of such hearing at which material evi-
dence may be offered by any party to an action
pending in any district that would be affected by
the proceedings under this section, and shall be
supported by findings of fact and conclusions of
law based upon such record. Orders of transfer
and such other orders as the panel may make
thereafter shall be filed in the office of the clerk
of the district court of the transferee district
and shall be effective when thus filed. The clerk
of the transferee district court shall forthwith
transmit a certified copy of the panel’s order to
transfer to the clerk of the district court from
which the action is being transferred. An order
denying transfer shall be filed in each district
wherein there is a case pending in which the mo-
tion for transfer has been made.
(d) The judicial panel on multidistrict litiga-
tion shall consist of seven circuit and district
judges designated from time to time by the
Chief Justice of the United States, no two of
whom shall be from the same circuit. The con-
currence of four members shall be necessary to
any action by the panel.
(e) No proceedings for review of any order of
the panel may be permitted except by extraor-
dinary writ pursuant to the provisions of title
28, section 1651, United States Code. Petitions
for an extraordinary writ to review an order of
the panel to set a
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1408
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