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NCBJ Special Committee on Venue: Report on Proposal for Revision of the Venue Statute in Commercial Bankruptcy Cases

Michael, Terrence L ; Alquist, Nancy V ; Collins, Daniel P ; Dow, Dennis R ; Feeney, Joan N ; Santoro, Frank J ; Walrath, Mary F

The American bankruptcy law journal, 2019-12, Vol.93 (4), p.741-814 [Periódico revisado por pares]

Ft. Wayne: National Conference of Bankruptcy Judges

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  • Título:
    NCBJ Special Committee on Venue: Report on Proposal for Revision of the Venue Statute in Commercial Bankruptcy Cases
  • Autor: Michael, Terrence L ; Alquist, Nancy V ; Collins, Daniel P ; Dow, Dennis R ; Feeney, Joan N ; Santoro, Frank J ; Walrath, Mary F
  • Assuntos: Bankruptcy law ; Bankruptcy laws ; Bankruptcy reorganization ; Committees ; Cooperation ; Debates ; Incorporation ; Judges & magistrates ; Jurisdiction ; Legislation ; Petitions ; State laws ; Venue
  • É parte de: The American bankruptcy law journal, 2019-12, Vol.93 (4), p.741-814
  • Descrição: To provide continuing legal education to judges, lawyers, and other involved professionals, to promote cooperation among bankruptcy judges, to secure a greater degree of quah ity and uniformity in the administration of the Bankruptcy system and to improve the administration of bankruptcy law in the United States.2 In early 2018, bipartisan legislation to revise the venue provisions for the filing of bankruptcy cases was introduced by Senators John Cornyn (R' Texas) and Elizabeth Warren (D'Mass.). [...]in the case of a group of entities wishing to file multiple bank' ruptcy cases in a single venue, the bill would allow the affiliate group to file all cases in the venue proper for the parent. [T]he courts of bankruptcy as hereinbefore defined, viz, the district courts of the United States in several States, the supreme court of the District of Columbia, the district courts of the several Territories, and the United States courts in the Indian Territory and the District of Alaska, are hereby made courts of bankruptcy, and are hereby invested, within their respective territorial limits as now established, or as they may be hereafter changed, with such jurisdiction at law and in equity as will enable them to exercise original jurisdic' tion in bankruptcy proceedings, in vacation in chambers and during their respective terms, as they are now or may be hereafter held, to (1) adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by the courts of competent jurisdiction without the United States and have property within their jurisdictions . . Chapter X (designed for public companies) and Chapter XI.10 The Chandler Act restricted venue for corporations that filed under Chapter X to their principal place of business or the location of their principal assets, but left state of incorporation as a venue choice for corporations filing under Chapter XI.11 Thereafter, some corporations eligible to file under Chapter X elected to file under Chapter XI.12 The Supreme Court affirmed the ability of a corporation to make such an election.13 In 1973, the Supreme Court enacted Bankruptcy Rule 116(a)(1) and (2) which provided: (a) Proper Venue.
  • Editor: Ft. Wayne: National Conference of Bankruptcy Judges
  • Idioma: Inglês

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