Transfer Case

Rev. 05/10/19

TRANSFER CASE

 Overview:

If a petition is filed in the proper district, the court on the timely motion of a party in interest or on its own motion, after hearing on notice to the petitioners, US Trustee and other entities as directed by the court, may transfer the case to any other district if the court determines that the transfer is in the interest of justice or for the convenience of parties. 

If filed in the improper district the court on the timely motion of a party in interest or on its own motion, after hearing on notice to the petitioners, US Trustee and other entities as directed by the court, may dismiss the case or transfer the case to any other district if the court determines that the transfer is in the interest of justice or for the convenience of parties.

This filing should be accompanied by the Motion and Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.

For order format, please see Proposed Orders
 

Codes, Rules and Forms:

Bankruptcy Code:

28 U.S.C. § 1408; 1409; 1410; 1412

Bankruptcy Rule:

1014 

Local Rule:

None

Local  Form:

None

CM/ECF Event(s):

            Motions/Applications, Transfer Case or Adversary Proceeding (Intra-District)
            Motions/Applications, Transfer Case or Adversary Proceeding/Change Venue

 
I.     Noticing:
 

       A.      Type:                   Chambers to determine

       B.      Who Serves:         Movant

       C.      Service:               Matrix