Bankruptcy Venue Reform Act

12/15/2023, 3:54 PM
Referred to the House Committee on the Judiciary.
The Bankruptcy Venue Reform Act, also known as Bill 118 hr 1017, is a piece of legislation currently being considered by the US Congress. The purpose of this bill is to reform the venue rules for bankruptcy cases in order to prevent forum shopping and ensure that cases are heard in the most appropriate jurisdiction.

Under the current system, bankruptcy cases can be filed in any jurisdiction where the debtor has assets or conducts business. This has led to a situation where certain jurisdictions have become known for being more favorable to debtors, leading to forum shopping and potentially unfair outcomes for creditors.

The Bankruptcy Venue Reform Act seeks to address this issue by establishing new rules for determining the proper venue for bankruptcy cases. The bill would require that cases be filed in the jurisdiction where the debtor's principal place of business or principal assets are located, or where the majority of the debtor's creditors are located. Additionally, the bill includes provisions to prevent debtors from manipulating the venue rules by changing their principal place of business shortly before filing for bankruptcy. It also allows for cases to be transferred to a more appropriate venue if it is determined that the current venue is not the most appropriate. Overall, the Bankruptcy Venue Reform Act aims to promote fairness and efficiency in the bankruptcy process by ensuring that cases are heard in the most appropriate jurisdiction. This legislation has the potential to have a significant impact on the bankruptcy system in the United States and is currently being debated in Congress.
Congress
118

Number
HR - 1017

Introduced on
2023-02-14

# Amendments
0

Sponsors
+5

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Referred to the House Committee on the Judiciary.
The Bankruptcy Venue Reform Act, also known as Bill 118 hr 1017, is a piece of legislation currently being considered by the US Congress. The purpose of this bill is to reform the venue rules for bankruptcy cases in order to prevent forum shopping and ensure that cases are heard in the most appropriate jurisdiction.

Under the current system, bankruptcy cases can be filed in any jurisdiction where the debtor has assets or conducts business. This has led to a situation where certain jurisdictions have become known for being more favorable to debtors, leading to forum shopping and potentially unfair outcomes for creditors.

The Bankruptcy Venue Reform Act seeks to address this issue by establishing new rules for determining the proper venue for bankruptcy cases. The bill would require that cases be filed in the jurisdiction where the debtor's principal place of business or principal assets are located, or where the majority of the debtor's creditors are located. Additionally, the bill includes provisions to prevent debtors from manipulating the venue rules by changing their principal place of business shortly before filing for bankruptcy. It also allows for cases to be transferred to a more appropriate venue if it is determined that the current venue is not the most appropriate. Overall, the Bankruptcy Venue Reform Act aims to promote fairness and efficiency in the bankruptcy process by ensuring that cases are heard in the most appropriate jurisdiction. This legislation has the potential to have a significant impact on the bankruptcy system in the United States and is currently being debated in Congress.

Policy Areas
Finance and Financial Sector

Comments

Recent Activity

Latest Action2/14/2023
Referred to the House Committee on the Judiciary.