In re Ret. Inn at Forest Lane, Ltd.
APPEAL
83 B.R. 795 (D.Utah)
The district court considered a creditor's motion for change of venue of a bankruptcy case, en banc. The court concluded that the bankruptcy court's practice of automatically transmitting change of venue cases to the district court for disposition was not in keeping with the spirit and interpretation of various statutes, bankruptcy rules, and Local Rule B-106. The court resolved to amend Rule B-106 to provide that motions for change of venue in bankruptcy cases would thereafter be heard initially by the bankruptcy court, which would then provide a report and recommendation on the motion to the district court. In the case before it, the district court granted the motion to change venue in order to avoid further delay.