Venue Flashcards
1
Q
When does Venue matter?
A
Employment contracts; atty fee approval; ability to settle derivative claims against d/os; requirement of a clear statement for senior debt to collect post-petition interest from subordinated debt; allowance of make whole provisions; injunction of claims trading to preserve NOLs
2
Q
How do firms manipulate venue?
A
1408(2) allows firms to tack on a bankruptcy to a bankruptcy of a subsidiary that is already pending in a district
3
Q
What is the case that limits control of venue
A
Patriot Coal (setting up a shell solely to establish venue might not be allowed under a 1411 interests of justice analysis
4
Q
How do states attract bankruptcies?
A
develop expertise, process cases quickly, approve high atty fees
