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Ron Ross, Chap. 11 trustee v. Scott A. Buckles (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A15-8035 (Dec. 18, 2015)

Venue for a trustee's adversary proceeding to avoid allegedly fraudulent transfers was appropriate in the district in which the bankruptcy case was filed. The out-of-state defendants had moved to dismiss, arguing that 28 U.S.C. § 1409(b) requires such lawsuits to be brought in the defendants' home district, but the court denied that motion, noting that § 1409(b) addresses only proceedings "arising in" or "related to" a bankruptcy case and fraudulent transfer avoidance actions "arise under" the Bankruptcy Code.

Date: 
Friday, December 18, 2015
Judge: 
Judge Thomas L. Saladino