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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§1408 Venue of cases under title 11

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 87— - DISTRICT COURTS; VENUE › § 1408

Last updated Apr 6, 2026|Official source

Summary

Unless section 1410 says otherwise, a bankruptcy case must be started in the federal district court that fits one of two rules. First, the district where the person or company’s home, main U.S. business location, or main U.S. assets were located for the 180 days right before the case started, or where they spent more of those 180 days than in any other district. Second, the district where a bankruptcy case is already pending about that person’s affiliate, general partner, or partnership.

Full Legal Text

Title 28, §1408

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A 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 Date

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

Reference

Citations & Metadata

Citation

28 U.S.C. § 1408

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73