48 U.S.C. § 2167 — Venue

Page 371 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2167 other than the district courts, original but not exclusive jurisdiction of all civil proceedings arising under this subchapter, or arising in or related to cases under this subchapter. (b) Property jurisdiction The district court in which a case under this subchapter is commenced or is pending shall have exclusive jurisdiction of all property, wher- ever located, of the debtor as of the commence- ment of the case. (c) Personal jurisdiction The district court in which a case under this subchapter is pending shall have personal juris- diction over any person or entity. (d) Removal, remand, and transfer (1) Removal A party may remove any claim or cause of action in a civil action, other than a pro- ceeding before the United States Tax Court or a civil action by a governmental unit to en- force the police or regulatory power of the governmental unit, to the district court for the district in which the civil action is pend- ing, if the district court has jurisdiction of the claim or cause of action under this section. (2) Remand The district court to which the claim or cause of action is removed under paragraph (1) may remand the claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision not to remand, is not re- viewable by appeal or otherwise by the court of appeals under section 158(d), 1291 or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28. (3) Transfer A district court shall transfer any civil pro- ceeding arising under this subchapter, or aris- ing in or related to a case under this sub- chapter, to the district court in which the case under this subchapter is pending. (e) Appeal (1) An appeal shall be taken in the same man- ner as appeals in civil proceedings generally are taken to the courts of appeals from the district court. (2) The court of appeals for the circuit in which a case under this subchapter has venue pursuant to section 2167 of this title shall have jurisdiction of appeals from all final decisions, judgments, orders and decrees entered under this subchapter by the district court. (3) The court of appeals for the circuit in which a case under this subchapter has venue pursuant to section 2167 of this title shall have jurisdiction to hear appeals of interlocutory or- ders or decrees if— (A) the district court on its own motion or on the request of a party to the order or decree certifies that— (i) the order or decree involves a question of law as to which there is no controlling de- cision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public impor- tance; (ii) the order or decree involves a question of law requiring the resolution of conflicting decisions; or (iii) an immediate appeal from the order or decree may materially advance the progress of the case or proceeding in which the appeal is taken; and (B) the court of appeals authorizes the direct appeal of the order or decree. (4) If the district court on its own motion or on the request of a party determines that a cir- cumstance specified in clauses (i), (ii), or (iii) of paragraph (3)(A) exists, then the district court shall make the certification described in para- graph (3). (5) The parties may supplement the certifi- cation with a short statement of the basis for the certification issued by the district court under paragraph (3)(A). (6) Except as provided in section 2164(d) of this title, an appeal of an interlocutory order or de- cree does not stay any proceeding of the district court from which the appeal is taken unless the district court, or the court of appeals in which the appeal is pending, issues a stay of such pro- ceedings pending the appeal. (7) Any request for a certification in respect to an interlocutory appeal of an order or decree shall be made not later than 60 days after the entry of the order or decree. (f) Reallocation of court staff Notwithstanding any law to the contrary, the clerk of the court in which a case is pending shall reallocate as many staff and assistants as the clerk deems necessary to ensure that the court has adequate resources to provide for proper case management. (Pub. L. 114–187, title III, § 306, June 30, 2016, 130 Stat. 580.) § 2167. Venue (a) In general Venue shall be proper in— (1) with respect to a territory, the district court for the territory or, for any territory that does not have a district court, the United States District Court for the District of Ha- waii; and (2) with respect to a covered territorial in- strumentality, the district court for the terri- tory in which the covered territorial instru- mentality is located or, for any territory that does not have a district court, the United States District Court for the District of Ha- waii. (b) Alternative venue (1) If the Oversight Board so determines in its sole discretion, then venue shall be proper in the district court for the jurisdiction in which the Oversight Board maintains an office that is lo- cated outside the territory. (2) With respect to paragraph (1), the Over- sight Board may consider, among other things— (A) the resources of the district court to ad- judicate a case or proceeding; and (B) the impact on witnesses who may be called in such a case or proceeding. (Pub. L. 114–187, title III, § 307, June 30, 2016, 130 Stat. 582.) Page 372 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2168 1 So in original. Probably should be preceded by ‘‘section’’. § 2168. Selection of presiding judge (a) For cases in which the debtor is a terri- tory, the Chief Justice of the United States shall designate a district court judge to sit by designation to conduct the case. (b) For cases in which the debtor is not a terri- tory, and no motion for joint administration of the debtor’s case with the case of its affiliate territory has been filed or there is no case in which the affiliate territory is a debtor, the chief judge of the court of appeals for the circuit embracing the district in which the case is com- menced shall designate a district court judge to conduct the case. (Pub. L. 114–187, title III, § 308, June 30, 2016, 130 Stat. 582.) § 2169. Abstention Nothing in this subchapter prevents a district court in the interests of justice from abstaining from hearing a particular proceeding arising in or related to a case under this subchapter. (Pub. L. 114–187, title III, § 309, June 30, 2016, 130 Stat. 583.) § 2170. Applicable rules of procedure The Federal Rules of Bankruptcy Procedure shall apply to a case under this subchapter and to all civil proceedings arising in or related to cases under this subchapter. (Pub. L. 114–187, title III, § 310, June 30, 2016, 130 Stat. 583.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in text, are set out in the Appendix to Title 11, Bankruptcy. § 2171. Leases A lease to a territory or territorial instrumen- tality shall not be treated as an executory con- tract or unexpired lease for the purposes of sec- tion 365 or 502(b)(6) of title 11 solely by reason of the lease being subject to termination in the event the debtor fails to appropriate rent. (Pub. L. 114–187, title III, § 311, June 30, 2016, 130 Stat. 583.) § 2172. Filing of plan of adjustment (a) Exclusivity Only the Oversight Board, after the issuance of a certificate pursuant to section 2124(j) of this title, may file a plan of adjustment of the debts of the debtor. (b) Deadline for filing plan If the Oversight Board does not file a plan of adjustment with the petition, the Oversight Board shall file a plan of adjustment at the time set by the court. (Pub. L. 114–187, title III, § 312, June 30, 2016, 130 Stat. 583.) § 2173. Modification of plan The Oversight Board, after the issuance of a certification pursuant to section 2124(j) of this title, may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the re- quirements of this subchapter. After the Over- sight Board files a modification, the plan as modified becomes the plan. (Pub. L. 114–187, title III, § 313, June 30, 2016, 130 Stat. 583.) § 2174. Confirmation (a) Objection A special tax payer may object to confirma- tion of a plan. (b) Confirmation The court shall confirm the plan if— (1) the plan complies with the provisions of title 11, made applicable to a case under this subchapter by section 2161 of this title; (2) the plan complies with the provisions of this subchapter; (3) the debtor is not prohibited by law from taking any action necessary to carry out the plan; (4) except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan provides that on the effective date of the plan each holder of a claim of a kind specified in 507(a)(2) 1 of title 11 will receive on account of such claim cash equal to the allowed amount of such claim; (5) any legislative, regulatory, or electoral approval necessary under applicable law in order to carry out any provision of the plan has been obtained, or such provision is ex- pressly conditioned on such approval; (6) the plan is feasible and in the best inter- ests of creditors, which shall require the court to consider whether available remedies under the non-bankruptcy laws and constitution of the territory would result in a greater recov- ery for the creditors than is provided by such plan; and (7) the plan is consistent with the applicable Fiscal Plan certified by the Oversight Board under subchapter II. (c) Confirmation for debtors with a single class of claims If all of the requirements of section 2174(b) of this title and section 1129(a) of title 11, incor- porated into this subchapter by section 2161 of this title other than sections 1129(a)(8) and 1129(a)(10) are met with respect to a plan— (1) with respect to which all claims are sub- stantially similar under section 2161(e) of this title; (2) that includes only one class of claims, which claims are impaired claims; and (3) that was not accepted by such impaired class, the court shall confirm the plan notwith- standing the requirements of such sections 1129(a)(8) and 1129(a)(10) of title 11 if the plan is fair and equitable and does not discriminate un- fairly with respect to such impaired class. (Pub. L. 114–187, title III, § 314, June 30, 2016, 130 Stat. 583.)