Confirm Now, Transfer Later: A Solution To Venue Problem
August 1, 2012, 1:45 PM EDT
Law360, New York (August 1, 2012, 1:45 PM EDT) -- Recently, you may have read that Houghton Mifflin Harcourt Publishing Company and 24 of its affiliates confirmed their prepackaged plan of reorganization. What you might not know, however, is that the United States Bankruptcy Court for the Southern District of New York confirmed the Houghton Mifflin plan, despite finding, the very next day, that venue in the Southern District was improper.
Specifically, in In re Houghton Mifflin Harcourt Publishing Co., the court ruled that the statutory requirements for venue under 28 U.S.C. § 1408 were not...