S.Amdt. 75
What it does: Adds SEC. 1407. VENUE OF CASES UNDER TITLE 11 on page 502, between lines 17 and 18
Sen. Edward M. Kennedy (D-MA)What it changes
1 change to S. 256
Adds SEC. 1407. VENUE OF CASES UNDER TITLE 11 on page 502, between lines 17 and 18
Adds a sectionPrinted pageInserted: SEC. 1407. VENUE OF CASES UNDER TITLE 11.
Inserted: Section 1408 of title 28, United States Code, is amended to read as follows:
Inserted: "Sec. 1408. Venue of cases under title 11
Inserted: "(a) Except as provided in section 1410, a case under title 11 may be commenced--
Inserted: "(1) if the debtor is not a corporation, in the district court for the district--
Inserted: "(A) in which the debtor's domicile, residence, principal place of business in the United States, or principal assets in the United States have been located--
Inserted: "(i) during the 180-day period immediately preceding the date of the commencement of the case; or
Inserted: "(ii) for a longer portion of such 180-day period than the debtor's domicile, residence, principal place of business in the United States, or principal assets in the United States were located in any other district; or
Inserted: "(B) in which there is pending a case under title 11 concerning the debtor's affiliate, a general partner of the debtor, or a partnership in which the debtor is a general partner;
Inserted: "(2) if the debtor is a corporation, in the district court for the district--
Inserted: "(A) in which the debtor's principal place of business in the United States or principal assets in the United States have been located--
Inserted: "(i) during the 180-day period immediately preceding the date of the commencement of the case; or
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Inserted: "(ii) for a longer portion of such 180-day period than the debtor's principal place of business in the United States or principal assets in the United States were located in any other district; or
Inserted: "(B) in which there is pending a case under title 11 concerning another corporation that directly or indirectly owns, controls, or holds with power to vote 50 percent or more of the outstanding voting securities of the debtor, if--
Inserted: "(i) not later than 2 years before the date of the filing of the petition in the debtor's case, the debtor's financial statements were consolidated with those of the other corporation in 1 or more reports filed under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78(m) and 78o(d); or
Inserted: "(ii) the debtor has been controlled by the other corporation for not less than 1 year before the date of the filing of the petition in the debtor's case.
Inserted: "(b) In this section, the definitions in section 101 of title 11 shall apply.".
Original wording
On page 502, between lines 17 and 18, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 75. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; which was ordered to lie on the table; as follows:
On page 502, between lines 17 and 18, insert the following:
SEC. 1407. VENUE OF CASES UNDER TITLE 11.
Section 1408 of title 28, United States Code, is amended to read as follows:
“Sec. 1408. Venue of cases under title 11
“(a) Except as provided in section 1410, a case under title 11 may be commenced--
“(1) if the debtor is not a corporation, in the district court for the district--
“(A) in which the debtor's domicile, residence, principal place of business in the United States, or principal assets in the United States have been located--
“(i) during the 180-day period immediately preceding the date of the commencement of the case; or
“(ii) for a longer portion of such 180-day period than the debtor's domicile, residence, principal place of business in the United States, or principal assets in the United States were located in any other district; or
“(B) in which there is pending a case under title 11 concerning the debtor's affiliate, a general partner of the debtor, or a partnership in which the debtor is a general partner;
“(2) if the debtor is a corporation, in the district court for the district--
“(A) in which the debtor's principal place of business in the United States or principal assets in the United States have been located--
“(i) during the 180-day period immediately preceding the date of the commencement of the case; or
“(ii) for a longer portion of such 180-day period than the debtor's principal place of business in the United States or principal assets in the United States were located in any other district; or
“(B) in which there is pending a case under title 11 concerning another corporation that directly or indirectly owns, controls, or holds with power to vote 50 percent or more of the outstanding voting securities of the debtor, if--
“(i) not later than 2 years before the date of the filing of the petition in the debtor's case, the debtor's financial statements were consolidated with those of the other corporation in 1 or more reports filed under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78(m) and 78o(d); or
“(ii) the debtor has been controlled by the other corporation for not less than 1 year before the date of the filing of the petition in the debtor's case.
“(b) In this section, the definitions in section 101 of title 11 shall apply.”.
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Senate amendment submitted
March 7, 2005