Oren L. Benton - Page 15

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          the above holdings.  The Court of Appeals held that for the                 
          procedural purpose of venue, the bankruptcy estate did not                  
          terminate at the time of confirmation.  In re Emerson Radio                 
          Corp., 52 F.3d 50, 54 (3d Cir. 1995).  In In re Emerson, the                
          court considered whether to transfer venue in a chapter 11                  
          bankruptcy proceeding under bankruptcy rule 1014(b).  That rule             
          provides procedures for when petitions of related debtors are               
          filed in different bankruptcy courts.  Bankruptcy rule 1014(b),             
          in pertinent part, provides:                                                
               “If petitions commencing cases under the Code are filed                
               in different districts * * * the court may determine,                  
               in the interest of justice or for the convenience of                   
               the parties, the district or districts in which the                    
               case or cases should proceed.  * * * ”  [In re Emerson                 
               Radio Corp., supra at 53.]                                             
          In In re Emerson, one party argued that the bankrupt was no                 
          longer a “debtor” for purposes of bankruptcy rule 1014(b) because           
          its bankruptcy estate terminated upon confirmation of the                   
          reorganization plan.  The Court of Appeals for the Third Circuit            
          rejected that argument and held that for purposes of bankruptcy             
          rule 1014(b), the debtor’s status was not ended at the time of              
          confirmation of its plan of reorganization.                                 
               In holding that the venue rules apply until such time as the           
          bankruptcy proceeding is closed, the court in In re Emerson                 
          focused on the need of the bankruptcy parties to “know with a               
          fair degree of certainty the court which can entertain an                   
          application”, and that “Applying Rule 1014(b) and section 350 [of           

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