Legal Opinion

HSBC Bank USA v. Handel (In Re Handel)

Bankruptcy Appellate Panel of the First Circuit

Decided September 26, 2000No. MW 99-068PublishedCited by 15 opinions

1Opinion of the Court

VOTOLATO, Chief Judge.

HSBC Bank USA, f/k/a Marine Midland Bank (“HSBC”), appeals an order of the bankruptcy court denying its motion to dismiss or transfer the case to the District of New York. The bankruptcy court held, inter alia, that venue was proper in Massachusetts. For the reasons discussed below we hold that based upon residence, in the context of 28 U.S.C. § 1408, New York is the only venue available to the Debtor, on the facts of this case. Also, however, for the reasons discussed infra at pages 309 and 311, the matter is remanded to the bankruptcy court for its determination of…

2Cases cited6 opinions

  1. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
  2. In Re Toxic Control Technologies, Inc.United States Bankruptcy Court, N.D. Indiana · 1988
  3. In Re FrameUnited States Bankruptcy Court, S.D. New York · 1990
  4. Micci v. Bank of New Haven (In Re Micci)District Court, S.D. Florida · 1995
  5. Muskin, Inc. v. Strippit Inc. (In Re Little Lake Industries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  2. Bavelis v. Doukas (In Re Bavelis)United States Bankruptcy Court, S.D. Ohio · 2011
  3. In Re LewisUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  4. In Re EdmondsonUnited States Bankruptcy Court, D. New Mexico · 2007
  5. In Re MarsicoUnited States Bankruptcy Court, D. New Hampshire · 2002

10 more not listed; retrieve them via the Exa API.

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