Title 28Judiciary and Judicial ProcedureRelease 119-73

§1410 Venue of cases ancillary to foreign proceedings

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 87— - DISTRICT COURTS; VENUE › § 1410

Last updated Apr 6, 2026|Official source

Summary

A Chapter 15 case may be started in a U.S. district court that fits one of three rules. It can be filed where the debtor's main U.S. business or assets are; if the debtor has none in the U.S., where a federal or state case against the debtor is already pending; or otherwise in a district that is fair and convenient for the parties, taking into account the relief the foreign representative asks for.

Full Legal Text

Title 28, §1410

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

A case under chapter 15 of title 11 may be commenced in the district court of the United States for the district—
(1)in which the debtor has its principal place of business or principal assets in the United States;
(2)if the debtor does not have a place of business or assets in the United States, in which there is pending against the debtor an action or proceeding in a Federal or State court; or
(3)in a case other than those specified in paragraph (1) or (2), in which venue will be consistent with the interests of justice and the convenience of the parties, having regard to the relief sought by the foreign representative.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Pub. L. 109–8 amended section generally. Prior to amendment, section related to venue of cases commenced under section 304 of title 11.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.

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. § 1410

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73