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Opinion 18

Case Name: 

Fisher v. Smith (In re Mrs. J.G. McDonald's Chocolate Co.)

Judge: 
Judge Mabey
Date: 
Jul-10-1980
Case Number(s): 
78-0739
Status: 

UNPUBLISHED

Body: 

In an adversary action seeking to avoid, as preferences, certain payments made to defendant, the court considered defendant's request for change of venue to the bankruptcy court in Georgia. The court noted that, although different elements for determining proper venue were not applied to adversary actions and bankruptcy cases, or to different types of bankruptcy cases, certain elements could be given more or less weight based on those facts. Finding no real difference in the inconvenience to the parties that would result from retention or venue change, the court determined that any recovery from defendant would necessarily take place in Georgia, that defendant had little or no contact with this district, that he owned and ran a small business in Georgia, and was already litigating a different matter in that forum, all of which weighed in favor of that jurisdiction. Therefore, defendant had met his burden of proving that a venue transfer was required by the "interests of justice" and the relative "convenience of the parties."

Internal Ref: 
Opinion 18
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