28 U.S.C. § 1408

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 1408 - Venue of cases under title 11

Except as provided in section 1410 of this title, a case under title 11 may be 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 U.S.C. § 1408

Added Pub. L. 98-353, title I, §102(a), July 10, 1984, 98 Stat. 334.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 1408, added by Pub. L. 95-598, title II, §240(a), Nov. 6, 1978, 92 Stat. 2668, which related to bankruptcy appeals, did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title.