Order Granting Motion to Transfer Venue
(Properly Filed Bankruptcy)

Summary

This template proposed order granting a motion to transfer venue of a properly filed bankruptcy) is for use by the filing party to attach to the underlying motion to transfer venue. This template includes practical guidance, drafting notes, and optional clauses. Title 28 of the U.S. Code and Rule 1014 of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules) govern venue in bankruptcy proceedings and related adversary proceedings. Title 28 also sets forth the venue rules for all cases brought in federal courts. In a bankruptcy proceeding, venue is proper in the federal district in which the debtor has its domicile, residence, principal place of business, or principal assets. 28 U.S.C. § 1408. Courts are authorized to transfer a bankruptcy proceeding to another court when venue is improper and, in certain circumstances, when venue is proper. Courts are split as to whether Sections 1406 or 1412 (or both) apply to improperly venued cases. Section 1406 is the general federal venue statute (for transferring or dismissing an improperly venued case) and Section 1412 is the bankruptcy specific statute (for transferring venue). The majority view is that Section 1406 applies to bankruptcy cases. Courts that find Section 1406 is applicable to improperly venued cases must decide whether to dismiss or transfer a case. Public policy generally supports a transfer over dismissal because a court can still adjudicate a matter. Courts also favor transfers over dismissal because dismissal can result in delays and additional filing fees. For a full listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For more information, see Venue in Bankruptcy Proceedings. For a template motion, see Motion to Transfer Venue (Properly Filed Bankruptcy).