Fed. R. Bankr. P. 1014 — Transferring a Case to Another District; Dismissing a Case Improperly Filed

Federal Rules of Bankruptcy Procedure

Rule 1014 — Transferring a Case to Another District; Dismissing a Case Improperly Filed

Fed. R. Bankr. P. 1014

SourceFederal Rules of Bankruptcy Procedure

Rule1014

PART X[ABROGATED]

CitationFed. R. Bankr. P. 1014

Fed. R. Bankr. P. 1014 (Transferring a Case to Another District; Dismissing a Case Improperly Filed) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Bankr. P. 1014.

Text

(a)DISMISSALORTRANSFER.

(1)Petition Filed in the Proper District. If a petition is filed in the proper district, the court may transfer the case to another district in the interest of justice or for the convenience of the parties. The court may do so:

(A)on its own or on a party in interest’s timely motion; and

(B)only after a hearing on notice to the petitioner, United States trustee, and other entities as the court or- ders.

(2)Petition Filed in an Improper District. If a petition is filed in an improper district, the court may dismiss the case or may transfer it to another district on the same grounds and under the same procedures as stated in (1).

(b)PETITIONS INVOLVING THE SAME OR RELATED DEBTORS FILED INDIFFERENTDISTRICTS.

(1)Scope. This Rule 1014(b) applies if petitions comm

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(a) DISMISSALORTRANSFER.
(1) Petition Filed in the Proper District. If a petition is filed in
the proper district, the court may transfer the case to another
district in the interest of justice or for the convenience of the
parties. The court may do so:
(A) on its own or on a party in interest’s timely motion;
and
(B) only after a hearing on notice to the petitioner,
United States trustee, and other entities as the court or-
ders.
(2) Petition Filed in an Improper District. If a petition is filed
in an improper district, the court may dismiss the case or may

transfer it to another district on the same grounds and under
the same procedures as stated in (1).
(b) PETITIONS INVOLVING THE SAME OR RELATED DEBTORS FILED
INDIFFERENTDISTRICTS.
(1) Scope. This Rule 1014(b) applies if petitions commencing
cases or seeking recognition under Chapter 15 are filed in dif-
ferent districts by, regarding, or against:
(A) the same debtor;
(B) a partnership and one or more of its general partners;
(C) two or more general partners; or
(D) a debtor and an affiliate.
(2) Court Action. The court in the district where the first pe-
tition is filed may determine the district or districts in which
the cases should proceed in the interest of justice or for the
convenience of the parties. The court may do so on timely mo-
tion and after a hearing on notice to:
• the United States trustee;
• entities entitled to notice under Rule 2002(a); and
• other entities as the court orders.
(3) Later-Filed Petitions. The court in the district where the
first petition is filed may order the parties to the later-filed
cases not to proceed further until the motion is decided.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 2, 2024, eff. Dec. 1, 2024.)