Case number: 4:20-bk-41555 - Yacht Club Vacation Owners Association, Inc. - Missouri Western Bankruptcy Court

The Court has reviewed the Debtors Motion to change venue from the Southwestern Division to the Southern Division. The basis of the Motion is that Debtors principal place of business is in Stone County, Missouri, and is more convenient to the Courthouse in Springfield, Missouri. The Motion cannot be granted as filed, because the Debtors venue is actually lodged in the Western Division, not the Southwestern Division, based on Debtors failure to include Stone County on the petition and instead listing Branson, MO as the location of the principal assets. Construing the Motion as a motion to transfer venue from the Western Division to the Southern Division, the Court will nonetheless deny the Motion. The Motion fails to address the convenience of the parties in interest or the interest of justice as required by L.R. 1073-1. A review of the 20 Largest List reveals that the three largest unsecured creditors are in Stone County, as is at least one other unsecured creditor, while only one creditor is in Springfield. Although the court surmises that Debtors counsel believes Springfield may be more convenient for him, convenience of counsel alone is not a factor and counsel in any event is not located in Springfield. Since hearings are being held telephonically or virtually during the pandemic, the physical proximity of the Springfield courthouse to the location of the Debtor is not a factor that outweighs any inconvenience to the creditors located in Stone County. The judge in the Southwestern Division may also choose to hear cases physically at the Springfield courthouse if he chooses, without changing the divisional venue. For these reasons, the Motion to change venue is therefore DENIED. The Court on its own motion orders that venue be transferred to the Southwestern Division. This case is transferred to the Honorable Brian T. Fenimore for further administration. It is so ORDERED by /s/ Cynthia A. Norton.