Page:United States Statutes at Large Volume 98 Part 1.djvu/383

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 335

    • § 1410. Venue of cases ancillary to foreign proceedings

"(a) A case under section 304 of title 11 to enjoin the commencement or continuation of an action or proceeding in a State or Feder^ court, or the enforcement of a judgment, may be commenced only in the district court for the district where the State or Federal court sits in which is pending the action or proceeding against which the injunction is sought. "(b) A case under section 304 of title 11 to enjoin the enforcement of a lien against a property, or to require the turnover of property of an estate, may be commenced only in the district court for the district in which such property is found. "(c) A case under section 304 of title 11, other than a case specified in subsection (a) or (b) of this section, may be commenced only in the district court for the district in which is located the principal place of business in the United States, or the principal assets in the United States, of the estate that is the subject of such case. "§ 1411. Jury trials "(a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim. "Q)) The district court may order the issues arising under section 303 of title 11 to be tried without a jury. "§ 1412. Change of venue "A district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties.". Ob) The table of sections of chapter 87 of title 28, United States Code, is amended by adding at the end thereof the following new items: "1408. Venueof cases under title 11. "1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11. "1410. Venue of cases ancillary to foreign proceedings. "1411. Jury trials. "1412. Change of venue.".

28 USC i4io. n use 304.

iGlOWHi 28 USC 1411. 11 USC 101 et seq. 11 USC 303. 28 USC 1412. 11 USC 101 et seq.

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SEC. 103. (a) Chapter 89 of title 28, United States Code, is amended by inserting at the end thereof the following new section: "§ 1452. Removal of claims related to bankruptcy cases 28 USC 1452. "(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of t h i s title.

"(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise.". O> The table of sections of chapter 89 of title 28, United States t) Code, is amended by adding at the end thereof the following new item:

Ante, p. 333.