Can I transfer my bankruptcy case from the Eastern District to the Western District of WA

Asked almost 2 years ago - Seattle, WA

Filed in 2006 and received a discharge in Walla Walla. I then moved to Seattle. Later, a business partner, through an attorney that he hired for me (partner refused to work with my attorney), convinced me to sign a promissory note, telling me that the IP needed to be taken out of the BK estate to be used by our LLC. I never received any money, property, or anything else in return for the note. He reopened the case and the BK court transferred title as a good-faith purchaser to the partner.

Long story short, we had a huge legal battle over the last 2 years and the court here dismissed my counterclaim without prejudice for recovery of the asset. I now need to reopen the case and litigate ownership.

Can I change venue to the Western District? Any other thoughts on the issues?

Additional information

He re-opened the case claiming he was a creditor. The trustee then sold the asset to the business partner

Attorney answers (1)

  1. Marc Gregory Wagman

    Contributor Level 17

    2

    Lawyers agree

    Answered . First you would have to reopen in the district the case was filed which is within the courts discretion to reopen the case. If it has been a long time since the asset and case was closed likely you wouldn't win a motion to reopen and just throw away money toward the filing fee. The venue must be proper to transfer it to another jurisdiction. Likely the answer is no if the case was properly filed in the old district and the property is located there. You may want to seek the assistance of an attorney to see if it worth pursuing, but it sounds like you waited to long to re-litigate the issue on the old case.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

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