Page:United States Statutes at Large Volume 98 Part 1.djvu/382

 98 STAT. 334

PUBLIC LAW 98-353—JULY 10, 1984 SEC. 102. (a) Chapter 87 of title 28, United States Code, is amended by adding at the end thereof the following new sections:

28 USC 1408 Post, p. 335. 11 USC 101 et

«§ 1408. Venue of cases under title 11 "Except as provided in section 1410 of this title, a case under title II jj^oy ^g 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. 28 USC 1409. "§ 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 11 USC 101 et proceeding arising under title 11 or arising in or related to a case ®^9under 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 11 USC 541, 544. under section 541 or 5440b) 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.

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