United States Trustee v. Swinney (In Re Swinney)

MEMORANDUM OPINION

JOHN T. LANEY, III, Bankruptcy Judge.

On September 18, 2003, the Court held a hearing on the Motion of the United States Trustee (“Movant”) to Dismiss Case or to Transfer Venue. At the hearing the following issues were raised: 1) Whether the Court has discretion to retain a case filed in the wrong venue; 2) If the Court has such discretion, in light of the equities of the case, whether the Court should retain, dismiss, or transfer the case. At the conclusion of the hearing, the Court took the matter under advisement. The Court has considered the evidence, the parties’ briefs…