Title 28, Judiciary and Judicial ProcedureRelease 119-110
§1409 Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases Under Title 11
Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 87 — DISTRICT COURTS; VENUE › § 1409
Summary
Where lawsuits tied to a bankruptcy case can be filed. Most of the time, those lawsuits go in the federal court where the bankruptcy case is already pending. A trustee (the person running the bankruptcy estate) must bring small money claims only in the district where the defendant lives: money or property under $1,000, consumer debts under $15,000, or non-consumer debts (against noninsiders) under $25,000. If the trustee is suing as a legal successor to the debtor or creditors, the suit must be filed where, under ordinary state or federal rules, the debtor or creditors could have sued if there had been no bankruptcy. For claims that start after the bankruptcy and come from the debtor’s business, the trustee must sue where a state or federal court could hear that claim. If the suit is against the estate’s representative for such a business claim, it can be filed either in that same district or in the district where the bankruptcy case is pending.
Full Legal Text
Title 28, §1409
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
(a)Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending.
(b)Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 or a consumer debt of less than $15,000, or a debt (excluding a consumer debt) against a noninsider of less than $25,000, only in the district court for the district in which the defendant resides.
(c)Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the district court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced.
(d)A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought.
(e)A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2019—Subsec. (b). Pub. L. 116–54 substituted “$25,000” for “$10,000”. 2005—Subsec. (b). Pub. L. 109–8 substituted “$15,000, or a debt (excluding a consumer debt) against a noninsider of less than $10,000,” for “$5,000”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2019 AmendmentAmendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of Title 11, Bankruptcy.
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. Court Rules and Judicial Documents Adjustment of Dollar AmountsThe dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to section 104 of Title 11, Bankruptcy, as follows: By notice dated Jan. 30, 2025, 90 F.R. 8941, effective Apr. 1, 2025, and corrected at 90 F.R. 10643, in subsec. (b), dollar amounts “1,525”, “22,700”, and “27,750” were adjusted to “1,725”, “25,700”, and “31,425”, respectively. See notice of the Judicial Conference of the United States set out as a note under section 104 of Title 11. By notice dated Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, in subsec. (b), dollar amounts “1,375”, “20,450”, and “25,000” were adjusted to “1,525”, “22,700”, and “27,750”, respectively. By notice dated Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, in subsec. (b), dollar amounts “1,300”, “19,250”, and “12,850” were adjusted to “1,375”, “20,450”, and “13,650”, respectively. By notice dated Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, in subsec. (b), dollar amounts “1,250”, “18,675”, and “12,475” were adjusted to “1,300”, “19,250”, and “12,850”, respectively. By notice dated Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in subsec. (b), dollar amounts “1,175”, “17,575”, and “11,725” were adjusted to “1,250”, “18,675”, and “12,475”, respectively. By notice dated Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, in subsec. (b), dollar amounts “1,100”, “16,425”, and “10,950” were adjusted to “1,175”, “17,575”, and “11,725”, respectively. By notice dated Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, in subsec. (b), dollar amounts “1,000”, “15,000”, and “10,000” were adjusted to “1,100”, “16,425”, and “10,950”, respectively. Pub. L. 116–54 subsequently substituted “25,000” for “10,000”, see 2019 Amendment note above.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1409
Title 28, Judiciary and Judicial Procedure
Last Updated
Sep 23, 2026
Release point: 119-110