About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

62 Am. Bankr. L.J. 37 (1988)
Home Court, Outpost Court: Reconciling Bankruptcy Case Control with Venue Flexibility in Proceedings

handle is hein.journals/ambank62 and id is 47 raw text is: Home Court, Outpost Court:
Reconciling Bankruptcy Case Control
With Venue Flexibility
in Proceedings
Richard H. Gibson*
When a bankruptcy petition is filed, a process is set into motion where-
by the financial affairs of a debtor can either be reorganized or liquidated.
This process of reorganization or liquidation occurs in a bankruptcy case.,
Within a bankruptcy case, a number of controversies may be litigated.
Such litigation may be grounded in bankruptcy law, such as actions to recover
preferences2 or relief from stay actions,3 or the litigation may be unrelated
to bankruptcy law, such as tort actions against the debtor that are removed
to bankruptcy court.4 These litigated controversies are known as bankruptcy
A bankruptcy case must be controlled by one court.6 The purpose of a
bankruptcy case is to administer the assets of the debtor in such a way that
creditors can be paid as much as possible.7 The limited resources of the debt-
or's estate must be made to yield the largest possible return; waste and dupli-
cation of effort must be avoided.8 To achieve this goal, the debtor's assets
*Member, California State Bar. Associate, Graham & James, Los Angeles, California. The author
would like to thank Deborah Matthews and Cathleen Fund-Roth, of San Francisco, and Alice Cheung
and Gloria Alvarez, of Los Angeles, for their patient assistance with the typing and revision of the many
drafts of this article.
'See H.R. REP. No. 595, 95th Cong., 1st Sess. 445 (1977).
211 U.S.C. § 547 (1984).
'11 U.S.C. § 362(d) (1984).
428 U.S.C. § 1452 (1984).
5See H.R. REp. No. 595, 95th Cong., 1st Sess. 445 (1977).
6See, e.g., H.R. REp. No. 595, 95th Cong., 1st Sess. 43-49 (1977).
7See T.H. JACKsON, TI LOGIC AND LIMITs OF BAiRuTurcY LAw 1-6 (1986). As discussed by Professor
Jackson, another purpose of a bankruptcy case is to permit an individual debtor to discharge his or her
obligations and to obtain a financial fresh start. Id.
8See infra note 45 and accompanying text.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most