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Slip Opinion
Bankr. N.D. Fla.
2025
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Background

  • 700 Trust filed for Chapter 11 bankruptcy in the Northern District of Florida, Gainesville Division.
  • The court issued an order to show cause why the case should not be transferred to the Middle District of Florida or dismissed, citing improper venue.
  • Debtor failed to file a written response and argued at hearing that insufficient time was given to oppose the order.
  • The principal place of business and main asset of the Debtor (a home in Naples, FL) is located in the Middle District; previously claimed assets in the Northern District had been foreclosed well before the bankruptcy filing.
  • Debtor was newly formed on the same day it filed for bankruptcy and had apparent ties to extensive, related litigation outside the district.
  • The court found evidence of forum shopping and an attempt by Debtor’s trustees to avoid adverse rulings from other courts.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Proper Venue under 28 U.S.C. § 1408 Venue proper; Debtor claims assets in Northern District Debtor lacks domicile, principal place of business, or assets there Venue improper in Northern District; transfer required
Adequacy of Time to Respond to Show Cause Not enough time given to respond Facts were unchanged for weeks, and all were public record Argument rejected; court allowed adequate time
Remedy for Improper Venue (Transfer or Dismissal) Case should proceed in current district Case should be transferred or dismissed according to statute Transfer to Middle District, not dismissal or retention
Allegation of Forum Shopping No improper forum shopping Filing was an attempt to avoid adverse rulings by other courts Court found clear evidence of forum shopping

Key Cases Cited

  • Hanna v. Plumer, 380 U.S. 460 (1965) (forum shopping is historically disfavored by federal courts)
  • Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 (1988) (forum manipulation is not sanctioned by the courts)
  • Alderwoods Grp., Inc. v. Garcia, 682 F.3d 958 (11th Cir. 2012) (interest of justice factors in transfer motions)
  • Gulf States Expl. Co. v. Manville Forest Prods. Corp., 896 F.2d 1384 (2d Cir. 1990) (efficient administration of bankruptcy estate is key factor in venue inquiries)
  • In re Patriot Coal Corp., 482 B.R. 718 (Bankr. S.D.N.Y. 2012) (setting up a company to file bankruptcy in a specific district is not the intent of the venue statute)
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Case Details

Case Name: 700 Trust
Court Name: United States Bankruptcy Court, N.D. Florida
Date Published: Jan 10, 2025
Citations: 2025 WL 77751; 24-10230
Docket Number: 24-10230
Court Abbreviation: Bankr. N.D. Fla.
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