Issue link: https://mbozikis.ufcontent.com/i/1422521
11 center" of the corporation. Hertz Corp. v. Friend, 559 U.S. 77, 93 (2010). Where business decisions are made in a State that does not contain the principal place of business under the foregoing test, venue may be proper in either State. In re Laguardia Assocs., L.P., 316 B.R. 832 (Bankr. E.D. Pa. 2004). Venue of Chapter 15 cases ancillary to foreign proceedings is proper: (i) in the district in which the debtor has its principal place of business or principal assets in the United States (without any temporal condition as required for non-ancillary cases), (ii) if no place of business or assets are located in the United States, the district in which there is pending against the debtor an action or proceeding in Federal or State court, or (iii) if neither (i) nor (ii) immediately above applies, the district in which "venue will be consistent with the interests of justice and convenience of the parties, having regard to the relief sought by the foreign representative." 28 U.S.C. § 1410. Subject to certain exceptions, proceedings arising under, arising in or related to a bankruptcy case can be heard in the district court in which the underlying bankruptcy case is pending. 28 U.S.C. § 1409. These exceptions are: (i) a proceeding by the trustee 3 arising in or related to a title 11 case to recover a money judgment of or property worth less than $1,375 4 or a consumer debt of less than $20,450 or a non-consumer debt against a non-insider of less than $25,000, which must be commenced in the district court for the district in which the defendant resides; 3 As explained further in Chapters V.A. and VI.A., in the Chapter 11 context, the Bankruptcy Code's reference to a "trustee" also encompasses a debtor- in-possession. A discussion of the debtor-in-possession is located in Chapter VI.A. below. 4 Many of the dollar amounts contained in the Bankruptcy Code and the Judicial Code are adjusted periodically. The dollar amounts set forth in this Guide reflect the relevant dollar amounts for cases commenced after April 1, 2019.