In re Chipley's Family Restaurant, LLC and Corner Oyster House, LLC (Ch 11 Case No. 23-40451-JTL, Adv. Case Nos. 24-04004 and 24-04005)
This matter came before the Court on one issue of the Defendants’ motions to dismiss. The Defendants argued that these cases should be dismissed under Bankruptcy Rules of Procedure Rule 7012 incorporating Federal Rule Civil Procedure Rule 12(b)(3). The Defendants argue that venue is improper under 28 U.S.C. § 1409(b). The Court found that 28 U.S.C. § 1409(b) does not restrict the venue for cases “arising under” title 11 and venue is proper.
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Friday, September 6, 2024