§ 1409. — Venue of proceedings arising under title 11 or arising in or related to cases under title 11.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1409]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 1409. Venue of proceedings arising under title 11 or
arising in or related to cases under title 11
(a) Except as otherwise provided in subsections (b) and (d), a
proceeding arising under title 11 or arising in or related to a case
under title 11 may be commenced in the district court in which such case
is pending.
(b) Except as provided in subsection (d) of this section, a trustee
in a case under title 11 may commence a proceeding arising in or related
to such case to recover a money judgment of or property worth less than
$1,000 or a consumer debt of less than $5,000 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 applicable
nonbankruptcy venue provisions, the debtor or creditors, as the case may
be, may have commenced an action on which such proceeding 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 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, may be
commenced against the representative of the estate in such case in the
district court for the district where the State or Federal court sits in
which the party commencing 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, Sec. 102(a), July 10, 1984, 98 Stat.
334.)
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.
