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Opinion 16

Case Name: 

Cole Assocs., Inc. v. Howes Jewelers, Inc. (In re Cole Assocs., Inc.), 7 B.R. 154 (Bankr.D.Utah)Cole Assocs., Inc. v. Jensen Jewelers, Inc.Cole Assocs., Inc. v. London Star, Ltd.

Judge: 
Judge Mabey
Date: 
Jun-23-1980
Case Number(s): 
80-0017, -0016, and -0019
Status: 

PUBLISHED

Body: 

Debtor filed complaints against three of its creditors seeking to recover property held by them. Each of the defendant creditors asserted that the property was held pursuant to a perfected security interest securing a debt owed them by debtor. Each creditor also moved that venue of their case be transferred to their home state. Prior to considering whether change of venue was appropriate under 28 U.S.C. § 1475, the court determined that venue was proper in its jurisdiction, under 28 U.S.C. § 1473(a), because the bankruptcy case was pending there. The court noted that the party seeking change of venue has the burden of establishing cause for change of venue, and the decision is typically based on practicalities that relate to efficient and inexpensive resolution of the issues. However, in bankruptcy cases, the courts also give significant weight to factors that may affect the remedial purposes of bankruptcy laws. On the facts before it, the court determined that retention of venue in all three cases was appropriate, and that on consideration of bankruptcy factors, retention was compelling. The most significant of such factors was the economic administration of the estate, which the court found weighed heavily in favor of retention.

Internal Ref: 
Opinion 16
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