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Forum (Forum & Focus)

Jun. 3, 2009

Shopping Once You've Dropped

As the Chrysler and GM bankruptcies will likely prove, forum shopping biases the bankruptcy courts in favor of the case placers, writes Lynn M. LoPucki.

FORUM COLUMN

By Lynn M. LoPucki

The United States bankruptcy courts suffer from a progressive disease. That disease is forum shopping - big bankrupt companies choosing courts that will favor them over their creditors. Current law allows it. Exercising that right, Chrysler, a Detroit company, bypassed the Detroit bankruptcy court to file in New York. If Chrysler gets what it wants in New York, General Motors will probably file there as well.

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