Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§1408 Venue of Cases Under Title 11
Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 87— DISTRICT COURTS; VENUE › § 1408
Summary
Unless section 1410 says otherwise, a bankruptcy case must be filed in the federal district where the person or company had their home, main U.S. business location, or main U.S. assets for the 180 days right before filing — or where they spent more of that 180-day period than in any other district. A case can also be filed where a bankruptcy is already pending for 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 5, 2026
Release point: 119-73not60