Case No. 01-11488, Chapter 13.United States Bankruptcy Court, S.D. Ohio, Western Division
February 13, 2001
ORDER TRANSFERRING CASE
Aug, Judge
This matter is before the Court on the Debtors’ motion to retain the case in Cincinnati (Doc. 7) and creditor The Milton Banking Company’s motion to dismiss or transfer venue (Doc. 11).
The Debtors reside in Wellston, Ohio, which is located in Jackson County. Thus, the proper division for this case is the Eastern Division. See 28 U.S.C. § 115(b)(2). Court for the Eastern Division is held at Columbus. See id.
The Debtors filed their petition in Cincinnati together with their motion to retain the case in Cincinnati. The basis for the motion is that the Debtors’ residence is closer to Portsmouth than it is to Columbus and that Portsmouth is the location of the Debtors’ attorney’s office. Portsmouth is located in Scioto County which is included in the Western District. Court for the Western District is held at Cincinnati.
Creditor The Milton Banking Company, a secured creditor, has filed a motion to dismiss the case or transfer the case to Columbus. Milton Banking is also located in Wellston. The basis of Milton Banking’s motion is that the case is improperly venued. Apparently, Milton Banking would rather travel the shorter distance from Wellston to Columbus (approximately 80 miles) than the longer distance from Wellston to Cincinnati (approximately 125 miles) to attend any hearings is this case.
The Debtors’ case was filed in the proper district, that being the Southern District of Ohio. Therefore, venue of the case is proper, regardless of whether the case is heard in the Eastern or Western Division. Accordingly, Milton Banking’s contention that venue is improper is not well-taken.
Nevertheless, the case was filed in the improper division. We find that the convenience of the Debtors to be located closer to their attorney’s office is outweighed by Milton Banking’s inconvenience to have to travel the longer distance to Cincinnati. Further, it is more convenient for both the Debtors and Milton Banking to travel to Columbus than to Cincinnati to attend any hearings in this matter.
Accordingly, the Debtors’ motion to RETAIN the case in Cincinnati is hereby DENIED;
Milton Banking’s motion to TRANSFER the case to Columbus is hereby GRANTED;
The first meeting of creditors scheduled for April 23, 2001 at Cincinnati is hereby VACATED.
IT IS SO ORDERED.