9th Circuit Has Advantages For 3rd Party Claims

Law360, New York (September 29, 2008, 12:00 AM EDT) -- Most large Chapter 11 cases are filed in Delaware or New York, even for companies headquartered in California. This is understandable since Ninth Circuit law presents difficulties on key issues of case administration, and the New York and Delaware bankruptcy courts and law firms have extensive experience with large cases.

Once a large bankruptcy case is pending in New York or Delaware, inertia and convenience often lead to the filing of ancillary litigation on behalf of the debtor, estate, creditors’ committee or litigation trust in the...
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