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S 314 109th Congress Senate

Fairness in Bankruptcy Litigation Act of 2005

Official title: A bill to protect consumers, creditors, workers, pensioners, shareholders, and small businesses, by reforming the rules governing venue in bankruptcy cases to … Show full official titleShow less

Official title: A bill to protect consumers, creditors, workers, pensioners, shareholders, and small businesses, by reforming the rules governing venue in bankruptcy cases to combat forum shopping by corporate debtors.

Introduced: February 8, 2005 Introduced by: Cornyn, John Republican · Texas See on congress.gov
Law BankruptcyBankruptcy courtsChange of venueCommerce
More subjectsShow fewer subjects
Corporate managementDebtor and creditorDistrict courtsFinance and Financial SectorFinancial statements
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This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 8, 2005
Read twice and referred to the Committee on the Judiciary.
Feb 8, 2005
Sponsor introductory remarks on measure. (CR S1125-1129)
Feb 8, 2005
Introduced in Senate
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 Latest action February 8, 2005

Read twice and referred to the Committee on the Judiciary.

 Plain-English summary Congressional Research Service

Fairness in Bankruptcy Litigation Act of 2005 - Amends the Federal judicial code to establish that domicile and residence of a debtor, for purposes of establishing venue in bankruptcy cases on the basis of domicile and residence, is located where the debtor's principal place of business is located. Provides that venue also lies in the district in which such a case concerning the controlling corporation is pending: (1) if the debtor is controlled by another corporation, the financial statements of the debtor have been consolidated with those of the controlling corporation within a specified period of time before filing for bankruptcy, and the controlling corporation is a debtor in bankruptcy proceedings; or (2) if the debtor is not such a corporation, the debtor has been controlled by another corporation for a specified time period before filing, and the controlling corporation is a debtor in bankruptcy proceedings.

Adds bankruptcy courts to the list of district courts required to dismiss or transfer cases laying venue in the wrong division or district.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 314: Fairness in Bankruptcy Litigation Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-S-314/
MLA
"S. 314: Fairness in Bankruptcy Litigation Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-S-314/.
Bluebook (legal)
S. 314, 109th Cong. (2026), https://openamerica.io/bill/109-S-314/.
Markdown link
[S. 314: Fairness in Bankruptcy Litigation Act of 2005](https://openamerica.io/bill/109-S-314/)
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