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February 2026 - Article

Venue Transfer: Types of Jurisdiction and the Applicability of 28 U.S.C. § 1412

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In this article, Andrew and Annecca discuss a practical reality concerning bankruptcy venue transfer motions under 28 U.S.C. § 1412—while uniformity is the law’s desired result, outcomes have substantially varied due to judicial discretion and jurisdictional analysis. The blurred boundary between a strict ‘arising under’ requirement and an analysis of ‘core’ matters means districts ostensibly applying the same test might reach seemingly conflicting decisions. Andrew and Annecca highlight how this lack of predictability complicates strategic planning, but that there is an inherent flexibility of the ‘core’ and ‘related to’ tests which provides significant opportunities for creative legal arguments in court. Read the article.