191.6 Motion to Transfer Venue

MOTION TO TRANSFER VENUE

A party removing a claim, a cause of action or a case may desire to seek to transfer venue from the District of Maryland to another federal district court. This may be particularly true in a case where the underlying bankruptcy case which is the basis for removal of the Bankruptcy Related Removed Case is pending in a bankruptcy court outside of Maryland. A motion to transfer venue may be brought under 28 U.S.C. §1412 and/or §1404(a).

28 U.S.C. §1412 provides as follows:

A district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties.

28 U.S.C. §1404(a) provides as follows:

For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

Additionally, Bankruptcy Rule 7087 provides:

On motion and after a hearing, the court may transfer an adversary proceeding or any part thereof to another district pursuant to 28 U.S.C. §1412, except as provided in Rule 7019(2).

A motion to transfer venue should be filed with the clerk of the bankruptcy court. Except with respect to cases to be tried in the district court pursuant to 28 U.S.C. §157(b)(5), unless the reference to the bankruptcy court has been withdrawn, the bankruptcy court will determine the motion to transfer venue.

Pursuant to District Court Local Rule 404.4, all motions concerning venue in personal injury tort and wrongful death cases (28 U.S.C. §157(b)(5)) shall be determined by the District Court.

9 Bankruptcy Rule 7087 appears to provide that a hearing should be held on a motion to transfer venue.