Articles tagged with: Avoidance Action Venue

Articles, Opinions, Motions, Materials Addressing the Small Claim Venue Limitation on Transfer Avoidance Bankruptcy Adversary Proceedings in 28 USC 1409(b)

Bankruptcy Judge Lundin Opinion – Statutory Language, Legislative History – Venue Limitation Applies to Bankruptcy Preference Actions

Middle District of Tennessee, U.S. Bankruptcy Judge Keith M. Lundin opines that the small-dollar home court venue exception in 28 U.S.C. § 1409(b) applies to bankruptcy preference recovery litigation. To reach that conclusion, he holds that there is an “overlap between ‘arising under title 11’ and ‘arising in’ a case under Title 11 for purposes of venue under § 1409.”   Judge Lundin thereby honors the clear legislative intent found in his scholarly, exhaustive review of the legislative history of Section 1409.

Delaware Bankruptcy Court Confirms Applicability of Section 1409(b) Venue Dollar Threshold to Claims for Recovery of Avoidable Preferential Transfers under Section 547

The Bankruptcy Court for the District of Delaware, Judge Kevin Gross, has confirmed the applicability to preference actions of the venue dollar threshold of 28 USC Section 1409(b).  Dynamerica Mfg. LLC v. Johnson Oil Co., LLC, 2010 WL 1930269 (Bkrtcy.D.Del., May 10, 2010).