United States Sixth Circuit

In the bankruptcy context, the venue requirements of 28 U.S.C. section 1408 are mandatory, not optional. 28 U.S.C. section 1412 applies only to bankruptcy cases filed in a proper venue. 28 U.S.C. section 1406 applies to cases, including bankruptcy cases, filed in an improper venue. Federal Rule of Bankruptcy Procedure 1014(a)(2) must be interpreted as authorizing the transfer of an improperly venued case only to a district in which the case could have originally been brought, and only in the interest of justice, in accordance with the plain language of section 1406.

Appellate Information

• Decided 11/08/2007
• Published 11/08/2007

Judges

• Before:  BOGGS, Chief Judge;  and MARTIN and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Holly W. Schumpert, Law Office of Holly W. Schumpert, Memphis, Tennessee, for Appellants.  Kelsi Brown Corkran, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Holly W. Schumpert, Law Office of Holly W. Schumpert, Memphis, Tennessee, Steven F. Bilsky, Memphis, Tennessee, for Appellants.  Jonathan H. Levy, William Kanter, United States Department of Justice, Washington, D.C., for Appellee.