Transferring a Case to Another District; Dismissing a Case Improperly Filed

U.S Code last checked for updates: Jan 30, 2025

Rule 1014.

(a)

Dismissal or Transfer.

(1)

Petition Filed in the Proper District. If a petition is filed in the proper district, the court may transfer the case to another district in the interest of justice or for the convenience of the parties. The court may do so:

(A)

on its own or on a party in interest’s timely motion; and

(B)

only after a hearing on notice to the petitioner, United States trustee, and other entities as the court orders.

(2)

Petition Filed in an Improper District. If a petition is filed in an improper district, the court may dismiss the case or may transfer it to another district on the same grounds and under the same procedures as stated in (1).

(b)

Petitions Involving the Same or Related Debtors Filed in Different Districts.

(1)

Scope. This Rule 1014(b) applies if petitions commencing cases or seeking recognition under Chapter 15 are filed in different districts by, regarding, or against:

(A)

the same debtor;

(B)

a partnership and one or more of its general partners;

(C)

two or more general partners; or

(D)

a debtor and an affiliate.

(2)

Court Action. The court in the district where the first petition is filed may determine the district or districts in which the cases should proceed in the interest of justice or for the convenience of the parties. The court may do so on timely motion and after a hearing on notice to:

• the United States trustee;

• entities entitled to notice under Rule 2002(a); and

• other entities as the court orders.

(3)

Later-Filed Petitions. The court in the district where the first petition is filed may order the parties to the later-filed cases not to proceed further until the motion is decided.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 2, 2024, eff. Dec. 1, 2024.)