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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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