GCK On Law

Courts Disagree on Proper Venue for Preference Actions

Venue in bankruptcy cases is generally governed by 28 U.S.C. §1409(a) which provides that venue in an adversary proceeding is proper in the district court in which a bankruptcy case is pending.  However, Section 1409(b) provides an exception to this rule, stating:...

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Courts Place Limitations on Critical Vendor Motion

A chapter 11 debtor generally may not make payments or other distributions on account of prepetition claims except through a confirmed plan of reorganization or court-authorized liquidation.  See 11 U.S.C. §1129(b)(1).  See also In re Windstream Holdings Inc., 614...

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