Venue of cases ancillary to foreign proceedings

28 U.S.C. § 1410

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 87 — DISTRICT COURTS; VENUE

Text

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.

History

(Added Pub. L. 98–353, title I, §102(a), July 10, 1984, 98 Stat. 335; amended Pub. L. 109–8, title VIII, §802(c)(4), Apr. 20, 2005, 119 Stat. 146.)

Editorial Notes

Editorial Notes

Amendments
2005—Pub. L. 109–8 amended section generally. Prior to amendment, section related to venue of cases commenced under section 304 of title 11.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date
Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.