1 Collier on Bankruptcy P 4.02

Summary

There are two venue choices for a potential debtor wishing to file a title 11 case, or for petitioning creditors wishing to file an involuntary petition.1 The first is based upon the domicile, residence, location of the principal place of business or principal assets in the United States of the person or entity that is to be the subject of the case.2 The second is the district in which an affiliate, general partner, or partnership of the potential debtor is the debtor in a pending title 11 case.3

Problems arise regarding the domicile or residence of legal persons such as partnerships and corporations. In addition, there are occasions on which two or more petitions involving the same debtor are pending simultaneously. These situations are addressed by section 1408 and by relevant bankruptcy rules.

28 U.S.C. § 1408, which applies in chapter 7, 9, 11, 12, and 13 cases, ...